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Snow v. Parsons
Vermont Supreme Court
28 Vt. 459 (1856)
- Written by Oni Harton, JD
Facts
Parsons (defendant) operated a tannery upstream from the mill operated by Snow (plaintiff). As part of his tannery operation, Parsons disposed of waste bark into the stream that both Parsons and Snow used in their respective business operations. Snow erected the mill before Parsons began using the stream but not so much earlier as to have acquired any prescriptive right to use the water. Snow had the ability to use a wheel that would be less impacted by the spent bark disposed in the stream by the tannery. Snow complained to the county court that he sustained damage because of obstructed use of the stream. The county court issued a judgment in favor of Snow.
Rule of Law
Issue
Holding and Reasoning (Redfield, C.J.)
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