The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1909-11-19

the defendant should the prayer of the ora
tors be granted.
In its cross bill the defendant states thai
IN order to insure the commercial success
OF the enterprise which the company con
templated it was found necessary to erect
a dam across the river of such a height as
would raise the water of the river at d
point opposite the land of the. orators to
the highest point set forth in the defend
ants answer. The defendant also AYERS
that no project for the development of the
power of the Connecticut river at that
point or at any point adjacent to the town
of Vernon or Brattleboro could success
fully or economically and properly be car
ried out with a dam and fashboards of
less height than that which has been CON
structed and maintained by the defend
ant. The company found that in order to
construct proper, suitable and substantial
hydro-electrlc plant and to distribute to
market the energy so generated it would
require the investment of between $4,000
600 and S3,000,000. Competent engineers
employed by the defendant carefully inves-
tigated all of the conditions surrounding
the enterprise and advised the company
as to what lands it would be necessary to
acquire and also as to what lands would be
damaged or affected by the howage of the
dam. The defendant was advised as to
the lands of the orators that there was not
likely to be any effect upon them by the
structures of the company. Having ac
quired other necessary rights the defendant
entered into contracts for the construction
of the plant and for the lines to distribute
the current. The defendant AYERS that an
expenditure of more than S2000000 was
made before any question was raised by |
the orators as to their lands being af- |
fected. Before the defendants had ever
had notice OF any claim that the orators
lands were likely to be affected the com
pany AYERS that requirements were made |
upon 1t for furnishing electric power and
that by its charters the company was COM
PEELED to furnish such power. The defend
ant AYERS that the land and buildings of
the orators were not at the time of the
commencement of the construction of the
plant at Vernon worth over $1,000 and
that they are not now worth over that
sum. The defendant says that the prop
erty of the orators in question is assessed
in Brattleboro for 81, 800 and that the prop
erty has no special, peculiar or sentimental
value to the orators.
The defendant AYERS that when it first
had notice or suggestion from the orators
that there was likely to be any percolaton
OF water through the land of the railroad
company onto the land of the orators 1t
caused an investigation to be made and
the orators that it was feasible
to protect the property of the orators by
filling the land and by water-proofng the
cellar of the orators buildings The de-
fendant AYERS. that the orators refused all
such offers but said that they were ready
to sell their property at fair price The
defendant AYERS that owing to the flooding
of the land occupied by the Central Yer
mont railroad under lease it is necessary
for the railroad company to have more
room for its tracks and that failing to Sc
sure the land of the orators, which was
available, by purchase the railroad com
pany has begun proceedings under the law
Of Vermont to acquire the land by right of
eminent domain. The defendant AYERS that {
The procrastination of the orators is re- {
,ponsible for the delay in the proceedings {
which have extended over a period of over
,hree months The defendant asks the d
,ourt to take cogniZance of the necessities f
IF the company to flow the land of the ora '
ors and to determine the question of such G
necessity and the damages caused by such $
lowage and make decree accordingly. t
The company offers to fill the lands and to b
the cellar of the buildings or C.
o take the property at fair valuation. Il
The defendant asks that all proceedings y
m the orators bill of complaint be stayed v
,ending the determination of the proceed
ngs instituted by the railroad company. a
he defendant asks that in case the rail T.
oad company does not take the land the (,
ourt decree the damages to be paid by the =,
efendant or order that the defendant fill l.,
he land and waterproof the cellar of the :;
uildings as it offers to do r.