Williams v. Wadsworth
Supreme Court of Connecticut
Shit for an injunction against the diversion of a stream of water; brought to the Superior Court in Hartford Count}1-, and heard before Sovey, J. The following facts were found by the court: The parties, plaintiff and defendant, reside in the town of Farmington. Their residences are on the east side of the street called Main street, that of the plaintiff being south of that of the defendant, and between the two is a dwelling-house owned by another party.
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Shit for an injunction against the diversion of a stream of water; brought to the Superior Court in Hartford Count}1-, and heard before Sovey, J. The following facts were found by the court: The parties, plaintiff and defendant, reside in the town of Farmington. Their residences are on the east side of the street called Main street, that of the plaintiff being south of that of the defendant, and between the two is a dwelling-house owned by another party. A stream of water, called Fulling-Mill Brook, runs from a hill in Farmington known as First Mountain, Avest and southwest through lands now…
1Opinion of the CourtPabdee, J.
In 1851 Augustus Ward and wife, owners of land upon a brook which in winter will turn the wheel of a grist-mill, but in time of severe drought will pass through an orifice one inch and a half in diameter, conveyed by deed to the plaintiff the right to enter upon their land, and construct and maintain thereon, without limit as to time, works for the diversion over it to his land not riparian of as much water as will pass through a pipe three inches in diameter.
In 1852 he built a dam and from a reservoir laid a pipe two inches in diameter, and began, and to this present has continued, to divert…
2Cases cited2 opinions
- Ingraham v. HutchinsonSupreme Court of Connecticut · 1818
- Manning v. SmithSupreme Court of Connecticut · 1826
3Cited by11 opinions
- Allis v. HallSupreme Court of Connecticut · 1904
- Graham v. Southington Bank & Trust Co.Supreme Court of Connecticut · 1923
- Stratton v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1913
- Whittelsey v. PorterSupreme Court of Connecticut · 1909
- Myers v. BurkeSupreme Court of Connecticut · 1935
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