Bissell v. Grant
Supreme Court of Connecticut
Case, for obstructing a water course ; brought to the Superior Court in Hartford County, and tried to the court. The court found the following facts: On the 4th day of August, 1849, the plaintiff and defendant bought a piece of land of one Sanford Grant, in which they were equally interested, the south half of which was conveyed to the defendant, and the north half to the plaintiff.
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Case, for obstructing a water course ; brought to the Superior Court in Hartford County, and tried to the court. The court found the following facts: On the 4th day of August, 1849, the plaintiff and defendant bought a piece of land of one Sanford Grant, in which they were equally interested, the south half of which was conveyed to the defendant, and the north half to the plaintiff. On the part conveyed to the defendant was a valuable spring of water, situated about nine rods from the part conveyed to the plaintiff. On the same day the defendant executed under seal and delivered to the…
1Opinion of the CourtButler, J.
The plaintiff laid his. pipe in the defendant’s land, and to the defendant’s spring, and drew the water therefrom, pursuant to an unequivocal and valid grant. The defendant took up and removed the pipe and the plaintiff replaced it. It was again removed, and still again replaced and removed. Whatever may be said of the abuse of his right by the plaintiff, the acts of the defendant were wanton and unnecessary. A plugin the end.of the pipe, or the removal of the end of the pipe from the water would have prevented the flow. And so a contraction of the end of the pipe with a pair of nippers would…
2Cases cited1 opinion
- Fish v. SawyerSupreme Court of Connecticut · 1836
3Cited by6 opinions
- Ferguson v. MasonWisconsin Supreme Court · 1884
- Blanchard v. MaxsonSupreme Court of Connecticut · 1911
- Whittelsey v. PorterSupreme Court of Connecticut · 1909
- McKell v. Collins Colliery Co.West Virginia Supreme Court · 1899
- Henningsen v. StrombergMontana Supreme Court · 1950
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