Bushnell v. Proprietors of Ore Bed
Supreme Court of Connecticut
Action on the case for damage to the land of the plaintiff, from slacks and dirt washed upon it from the ore works of the defendants ; tried to the jury in the superior court, upon the general issue, with notice of the defense below stated, before Seymour, J. The defendants claimed the' right to discharge the slacks and dirt from their works upon the land of the plaintiff, under an award formerly made between the plaintiff and themselves on the subject, and under a deed…
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Action on the case for damage to the land of the plaintiff, from slacks and dirt washed upon it from the ore works of the defendants ; tried to the jury in the superior court, upon the general issue, with notice of the defense below stated, before Seymour, J. The defendants claimed the' right to discharge the slacks and dirt from their works upon the land of the plaintiff, under an award formerly made between the plaintiff and themselves on the subject, and under a deed conveying to them the right given by the plaintiff in compliance with the award, and on the trial offered in evidence the…
1Opinion of the CourtDutton, J.
The principal question in this case is, what right the defendants acquired, by a certain award and a deed given in pursuance thereof, to float dirt, slacks and particles of iron ore upon the land of the plaintiff. The submission, award and deed, are fully detailed in the motion. It has been claimed by the counsel for the defendants that the right conferred on them by the award is more extensive than that specified in the deed, but the view which we take of the case renders it unnecessary to see whether there is any such distinction, or what would be the effect of it. The deed conveys the “…
2Cases cited1 opinion
- Story v. OdinMassachusetts Supreme Judicial Court · 1815
3Cited by7 opinions
- Robinson v. ClappSupreme Court of Connecticut · 1895
- Keiper v. KleinIndiana Supreme Court · 1875
- Belanich v. DambergConnecticut Superior Court · 1937
- Clark v. BeloffSupreme Court of Connecticut · 1898
- Genet v. President, Managers & Company of the Delaware & Hudson Canal Co.The Superior Court of New York City · 1888
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