Barre evening telegram. (Barre, Vt.) 1898-19??, 1902-12-30
COSTLY LITIGATION
Suits That May Be Long Drawn
Out; At Immense Expenditure

The Washington County Court Of
ohancefy, Judge Watson chancellor
bss granted . permanent Injunction
against the City Of Barre restraining
the latter from using the waters Of
Jail Branch for polishing purposes.
The SUIT was brought In August
1897 by Smith Whitoomb b Cook,
Stafford + Holden Mfg. Co. and ],
W. Phelps against the Barre Water
Co., the plaintiffs In chancery asking
for an injunction. to perpetually en-.
Join the defendant from using the
water in question for polishing pur.
potes. S. e. Shurtleff was the attor-
ney for the plaintiffs. He has since
died and F. J. Martin, X. NJ. Harvey
and ". A. Boyoe were retained. The
city sitter purchasing the Barre Water
Co. plant at tSumed the suit.
The case went to Supreme Court on
the question of the right 10 use 1t A
year ago the Supreme Court decreed
chat they had not the right to use the
water for those purposes. The ques'
ton arose as to the amount OF damage
to plaintiff for such use up to the date
OF the bill in 1897. The orators last
summer made a proposition to the
defendant TO have the master in chan
Gerry ind $50 as agreed damages.
Counsel .or the defendant refused TO
do this on the ground of its having
bearing on future settlements and the
case was tried last summer before
special master Alexander Dunnett.
This case including costs of expert
testimony cost the city proba oly near
iv $4,000 Mr.. Dunrett made MS re-
port to the court OF chancery 1ne
terms OF which have already been
published. The court in turn VIII
Judge Watson chancellor rendered.
upon the facts thus reported the fol-
lowing decree;
wThis cause came on to be heard IN
vacation on the report OF the Speclai
m aster and the orators and the oe-
fenuant's exceptions thereto as was
agreed by counsel and thereupon %
consideration thereof it Is oroeaeu
al Judged and decreed as follows name. T.,
iy. that the exceptions OF the oratots
Smith. Whitcomb s. Cook ana tne
Stafford Is Holden Mfg. Co. ana .,
the dafendant to be overruled, that an
Injunction be issued perpetuaily a sn
Joining the defendant from uslns Wv otS ~
waters of Jail Branch for the purtose VI u
,nolishtng stone and from furnishing
water to any other party or psrties ssl W
be used for such purpose; sna' Sm,th Suo
fendant pay to the orstors os osn't the
Whitcomb s. Cook as dam1ges NV
snna n ae1 80: that the defendant pa!
% to the 70 orator Stafford s. Holden Mls. 3.
~ ~ 0t Tho snm of OF $50. 81 and that .ne 40
defendant pay to the @.an salu and the
Smith. Whitoomb 4 Cook anu .oats o
stafford Holden Mfg 90 'ne'' o
OF suit. ,...,;.r in
said county this 9th day OF ,a",Ior. nI ),
her 1909 John H. Watson cnsn1h Gnu. 20 John
Counsel for the city cons'ses - md Z.
W G"rdon William Wishart ano a. %. &C.
" W. RUs R,shse. They will appeal s tneoSoS o'
to Supreme court the 0e''S'0n "
which will be final 49,. .,tv will be
,,.h,e to contempt Of court !" '
iunctior is violated. .,.o nendine
''@H Gsner water cases are also Id p1t,tIed
against the scyg. city. w.tsr 1ns O." an old
one growing out Of q = pfo''t for the use Of
the Barre Water 70: o,.tsr ~. reservoir
water running sagsa inss spoos. S9'' Th,s vent "
Supreme .c.;Sst coSss sns sos defendant; :, ~.
renae..n commission was appsintseeoa - Of % ,h,
s::;: = ~ +; & ::s'; ::
p n smith. Mr.. kes0 snit NJ