Chadeayne v. Robinson
Supreme Court of Connecticut
Action for obstructing the flow of surface water upon the defendants’ land, and thereby setting it back upon the. adjoining land of the plaintiffs; brought to the Superior Court in New Haven County, and heard before Stoddard, J. Facts found and judgment rendered for the defendants, and appeal by the plaintiffs.
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Action for obstructing the flow of surface water upon the defendants’ land, and thereby setting it back upon the. adjoining land of the plaintiffs; brought to the Superior Court in New Haven County, and heard before Stoddard, J. Facts found and judgment rendered for the defendants, and appeal by the plaintiffs. The case is sufficiently stated in the opinion. 1. Two rules are recognized by the courts of the different states in determining whether surface water may be obstructed in its natural flow, retained or diverted, to the injury of the property of another, namely, the civil law and the…
1Opinion of the CourtPardee, J.
This is a complaint for obstructing the passage of surface water flowing upon the defendants’ land, whereby it was set back upon tlie land of the plaintiffs. Judgment was rendered for the defendants, and the plaintiffs have appealed. The following are the reasons of appeal assigned:—
1. That the court erred in ruling as a matter of law, upon the facts found, that there was damnum absque injur id aud that therefore the plaintiffs were not entitled to recover damages.
2. The court having found that the course of the surface water, coming from the lands south of the plaintiffs’ and flowing across…
2Cases cited1 opinion
- Grant v. AllenSupreme Court of Connecticut · 1874
3Cited by14 opinions
- Morrissey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1893
- King Land & Improvement Co. v. BowenAlabama Court of Appeals · 1913
- Tide Water Oil Sales Corporation v. ShimelmanSupreme Court of Connecticut · 1932
- Page Motor Co. v. BakerSupreme Court of Connecticut · 1980
- Shea v. GavittSupreme Court of Connecticut · 1915
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