Ingraham v. Hutchinson
Supreme Court of Connecticut
THIS was an action on the case, wherein the plaintiff declared, that he is now, and for many years has been, the owner of a certain grist-mill, and saw-mill, on Blackledge river, in the town of Marlborough, of great value ; that for many years past, this stream has used to flow through a water-course near his said mills, whereby he has been enabled to work them, without interruption or molestation, to the great benefit of the public, and to his own profit and advantage ;…
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THIS was an action on the case, wherein the plaintiff declared, that he is now, and for many years has been, the owner of a certain grist-mill, and saw-mill, on Blackledge river, in the town of Marlborough, of great value ; that for many years past, this stream has used to flow through a water-course near his said mills, whereby he has been enabled to work them, without interruption or molestation, to the great benefit of the public, and to his own profit and advantage ; that he has, and for many years past has had, the the right to use and improve the waters of said stream, in this manner,…
1Opinion of the Court
Swift, Ch. J.
By the common law, every person owning lands on the banks of rivers, has a right to the use of the water in its natural stream, without diminution or alteration ; tli«1 is, he has a right that it should flow, ubi currere snlrbut; and if any person on the river above him, interrupts,, or *591diverts, the romse of the water, to las prejudice, action will lie. Tliis-will give to every one all the advantage lie can derive from the water, whirl) does not injure the proprietor of lands on the river below him.a■''Hut a special right, different from the general one, may be acquired by an…
2Cases cited5 opinions
- Palmer v. MulliganNew York Supreme Court · 1805
- Chalker v. DickinsonSupreme Court of Connecticut · 1815
- Sherwood v. BurrSupreme Court of Connecticut · 1810
- Weston v. AldenMassachusetts Supreme Judicial Court · 1811
- Perkins v. DowSupreme Court of Connecticut · 1793
3Cited by26 opinions
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Robinson v. ClappSupreme Court of Connecticut · 1895
- Vansickle v. HainesNevada Supreme Court · 1872
- Keats v. HugoMassachusetts Supreme Judicial Court · 1874
- Cherry v. SteinCourt of Appeals of Maryland · 1858
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