Manning v. Smith
Supreme Court of Connecticut
This was an action of trespass quart clausum fregit, tried at Brooklyn, September term, 1825, before Bristol, J. More than fifteen years before the commencement of this action, Nathaniel Manning, the plaintiff’s father, who then owned the land described in the declaration, placed an aqueduct in the land of the defendant; and, by means thereof, conducted the water out of its natural course, from a spring on the defendant’s land, on to his own land; and at the end of the…
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This was an action of trespass quart clausum fregit, tried at Brooklyn, September term, 1825, before Bristol, J. More than fifteen years before the commencement of this action, Nathaniel Manning, the plaintiff’s father, who then owned the land described in the declaration, placed an aqueduct in the land of the defendant; and, by means thereof, conducted the water out of its natural course, from a spring on the defendant’s land, on to his own land; and at the end of the aqueduct, placed a trough, at which his cattle were accustomed to drink. In this way, the water was used by him, during his…
1Opinion of the CourtDaggett, J.
The opinion of the superior court proceeded on the ground, that the plaintiff had no right, on the facts stated, to the water issuing from the conduit on the defendant's land, and thence coming on to the land of the plaintiff. This opinion is alleged to be erroneous for two reasons.
1. The plaintiff's right is attempted to be supported, by user. The answer is, the user has not been adverse and uninterrupted. There has been no such possession or enjoyment, for fifteen years, as entitles the plaintiff to an action. The easement was extinguished, by the unity of possession of the defendant of…
2Cases cited1 opinion
- Montague v. GayMassachusetts Supreme Judicial Court · 1821
3Cited by26 opinions
- Smith v. DenniffMontana Supreme Court · 1900
- Dillman v. HoffmanWisconsin Supreme Court · 1875
- Whiting v. GaylordSupreme Court of Connecticut · 1895
- Rischall v. BauchmannSupreme Court of Connecticut · 1946
- Great Hill Lake, Inc. v. CaswellSupreme Court of Connecticut · 1940
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