Coolidge v. Hager
Supreme Court of Vermont
Case for disturbing an aqueduct. Plea, not guilty. Trial by jury, December term, 1869, Barrett, J., presiding. The plaintiff gave in evidence a copy of a deed from the defendant and his wife, to Mary L. Johnson, dated March 1, 1860, of the dwelling-house and lot now owned by the plaintiff; also a copy of a deed from the defendant to said Mary L., dated the same as the above, of a right in the spring of water in question ; also a copy of a deed from F. W. Johnson and his…
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Case for disturbing an aqueduct. Plea, not guilty. Trial by jury, December term, 1869, Barrett, J., presiding. The plaintiff gave in evidence a copy of a deed from the defendant and his wife, to Mary L. Johnson, dated March 1, 1860, of the dwelling-house and lot now owned by the plaintiff; also a copy of a deed from the defendant to said Mary L., dated the same as the above, of a right in the spring of water in question ; also a copy of a deed from F. W. Johnson and his wife, the said Mary L., to Mary A. Burbank, of the premises named in the first of the foregoing deeds, dated the 31st day of…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
There is no such absolute discrepancy between the statement in the case that the water was brought to the house before the defendant conveyed it to Mrs. Johnson and the concession by the plaintiff’s counsel, made a part of the case, that Mrs. Johnson putin the pipe and set the water to running, but that both may be true, for the water may have been running at the time she *14bought and she afterwards have put in other pipe and set it to running again; from the whole it is understood and considered that the water was running through the aqueduct…
2Cases cited4 opinions
- Manning v. SmithSupreme Court of Connecticut · 1826
- Swazey v. BrooksSupreme Court of Vermont · 1861
- Vermont Central Rail Road v. Estate of HillsSupreme Court of Vermont · 1851
- Mixer v. ReedSupreme Court of Vermont · 1853
3Cited by19 opinions
- McShane v. CarterCalifornia Supreme Court · 1889
- Barry v. EdlavitchCourt of Appeals of Maryland · 1896
- Marshall Ice Co. v. LaPlantSupreme Court of Iowa · 1907
- Fayter v. NorthUtah Supreme Court · 1906
- Dority v. DunningSupreme Judicial Court of Maine · 1886
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