St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1881-08-05

current of the rlNer as To diminish or
impair the rights of the other owners.
or to So sink his bulkhead as to compel
the other owners to lower theirs. re-
gardless OF the expense, or abandon
their right. OF course there might be "a
necessity To remove some Instructions
or to lower the bulkhead in order to
enjoy "A right. But this should be done.
if ut all. with regard to preserving and
securing the rights of others, and by
some agency that will look To, and pre-
serve, the rights of all On this proof
| think the water, i'll its course To the
! defendants tlume, passes over as high
"A surface as the orators iiumc. This
| fact. the defendants claim, secures Il
/ quality in the use of the water accord
/ ing to their respective rights. ] have
/ the impression that defendant, by
! having his flumc two feet nine inches
/ lower than the orators. in low water
would have power. when the orators
could not. and thereby secure priority
i'll the use to some extent. But this is
not made certain by proof and think
| generally rights should not he permd-
Hently fixed upon eJ pdrte atlidaVits.
The bill is for injunction merely, and
would not allow the court to make any
order to modify the condition of things
with reference to securing the rights of
all parties. While the dam is up, the
power can not be used by any one.
| The defendant owns valuable right
and should have its use unless it is Ger
tain that i'll the use he impairs or de
stroys the rights of others. Without
! further comment. it is ordered that the
!
modified that the defendant Mcleod,
at his peril and risk, may construct his
flume and bulllhead on the bed piece
rs now located, and restore the dam,
and the injunction III all other respects
is to stand.
The orators shall he at liberty to APP
| ply for further injunction if it shall he
| found on trial that the tlume and bulk
head as thus constructed abridgcs the
orators rights To use the water as Il
power and renders its use by orators
subordinate % that of the defendants.
In the matter of an attachment, as
no order can now be made except to
require defendants to show cause, the
papers are returned to the clerk. The
motion and aflidavitS tor cOpieS) may
he shown to defendants. The defend
ants may take testimony and the Ora
tors may ;rcioin. Testimony to he
taken on notice. The orator may move
for hearing in this matter on rcasOna-
BILE notice to defendant or his solicitors.
TIMOTHY p. REDFIELD, Chan.
st. Johnsbnry, July 81, 1881.
OF course this decision is only
preliminary matter, which fixes the
condition of things as they may he
during the trial of the case, which will
be dealt with in regular form until the
definitely fixed. The decision of
Judge Rcdficld sustains the position
taken by the village, so fan as legal
points and the rights of the parties are
concerned, and they feel Justified in
carrying the matter along to final
settlement. Whether Mcleod will see
fit To 20 on and place his bulkhcad lat
his own peril and risk remains to he
seen.
1t will he remembered that Mcleod.
in his statement of last week, claimed
that if the village has ten feet of bulk
head for four shares of the water, he
should have. pr"portionatclN, some Il
feet. This claim is rather knocked in
the head 10y clause in the deed which
| gives the village, in case of fire. the
whole of the water. Now in reality
the village gates occupy about eight
feet and if by the deed they are EMIT
led To the whole of the water in case
of fire, ii stands to reason that they
| feet of hulllhcad in utilizing the whole
of the water. Mcleod claimed again
/ that the pipe in the river. and the
wooden piers of the small bridge are
distractions to his getting the water :;
but there is testimony to show that ut
the time the pipe was laid and the
piers built Mcleod was cOgnizant of
the fact, and the work was done by his
| full knowledge and consent. Indeed
he, i'll opposition to other views, held
that the pipe would he low enough.
| Under those circumstances it is hardly
consistent for him To object to the pipe
and the piers now. The question of
the amount of water obtained does not
depend 50 much on the width of bulk
head as ON the amount of water which
the wheels draw. The six Risdon
wheels which Mcleod is putting in will
draw about six times the water that
the village wheel draws. while he only
owns something over four times as
much of the water rs the village own.
The trustees want only their share
of the water, and want the matter fix
ed so that they can have what belongs
to them in ordinary times and in case
of fire. This they propose to have.
and viii take all necessary means to
secure it. They propose to remove
the piers of the bridge referred To. and
will substitute something which will
take up less room.
Personal.
Miss Helen NJ. Ross. daughter of
| Judge Ross. who has been teaching in
the West, accepts il position to teach
Latin. Greek and French at Brattlcho-
ro for the coming year.
| Mr.. Hiram Ward, son of :. H. Ward
of this town, and an under graduate at
| Dartmouth, came home this summer
! by way of the White Mountains. walk