Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-09-27
PRIVILEGES INVOLVED
Burlington Traction Company
Asks for Order and Injunction.
City Of vergennes, l.. F. Benton Conn
pany, e.. g. Norton n A. w. Nor
ton Made Defendants In
Chancery Case.

A chancery case, whereby the Burling-
ton Traction company prays that the city
Of Vergennes, the l.. F. Benton company
T.. a., Norton and A. w. Norton be en-
5oined by order and injunction from en-
tering the otter Creek river above the
plant and wafer privileges of the plaintir
company for the purpose Of widening,
deepening or changing the chan
mel Of the river, or from OBJ
structing. changing or affecting the
fiow Of the river, to which the plain
tif IL entitled, was entered at the ONCE
Of the county clerk Friday afternoon.
The Traction company claims that
II is the owner in fee of certain lands and
real estate situated on otter creek in
vergennes n certain water rights and
privileges appurtenant thereto. being all
the lands and water privileges conveyed
20 the orator by Elias Lyman, John j.
Flynn. whipple F. Hendee and Chauncey
W. Brownell by deed; that all the water
privileges conveyed to and owned by the
plaintiff as aforesaid include the falls on
the westerly side Of the river west of the
westerly bank Of the most westerly island
on the falls in V~ergennes. excepting said
water rights and privileges as are owned
or used by the Vergennes Electric Co. that
by the V%ergennes Electric company; that
ttO WatC A6htc uio
embrace the right to use all the water
flowing in that part Of the river subject
to the rights of the Vergennes Electric
ompan and the Shade Roller COM
pany.
The plaintiff company further AYERS
tina It has improved and developed the
water privileges by building a plant, by
installing fumes and machinery for the
generation Of electricity for profit In many
ways by poles and wires.
And the plaintiff further AYERS that F..
G.. Norton and A. w. Norton maintain and
operate a grist mill. and in the conduct
Of this usine occupy and operate a
mill which uses water from the river for
power purposes; that these two defend
ants claim the right to use this water in
their business, but as to the nature of
these rights the plaintiff has no knowl-
edge.
The plaintiff also represents that the
city Of Vergennes pumps water from the
river, that the power used in pumping
such water is derived from the east
branch Of the river, but under what ripa-
ria title and claim the plaintiff is not
advised.
It is also represented that the L. F.
Benton company uses water from the
river to generate power for it's plant. The
company claims the right to AXE and
use water from the river, but as to the
nature and the extent of said rights the
plaintiff is not advised.
1t is also alleged by the plaintiff COM
pany that there are many other wrong
ful acts by the defendants. claiming there
by that the value of It's plant and water
privileges is greatly impaired by
such wrongful and unlawful acts
and that much damage and i'm
pairment will continue to be ire
ps rable II the defendants are not enjoined
by order n decree from changing, d.
paany that there are many other wrong
verting or interfering with the flow and
volume of water from the river.
The Traction company's closing praye,
IN substance Is that upon such hearing
mo determination such Injunction may b,
made permanent.