Martin v. Bigelow
Vermont Supreme Court
2 Aik. 184 (1827)
- Written by Oni Harton, JD
Facts
Martin (plaintiff) and Bigelow (defendant) operated mills on the same stream. Martin’s mill was located upstream from Bigelow’s mill. Martin’s mill operation reduced the flow of the stream and therefore decreased the power output to Bigelow’s mill. Bigelow had constructed his mill before Martin, but not so long before Martin that Bigelow could claim prescriptive rights. To address the reduced flow of the stream to his mill, Bigelow entered Martin’s property and exercised a self-help remedy. Bigelow removed a gate from Martin’s dam, which restored the stream to full output to his mill. Martin brought an action in trespass quare clausum fregit against Bigelow in the county court.
Rule of Law
Issue
Holding and Reasoning (Hutchinson, J.)
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