Weston v. Alden
Massachusetts Supreme Judicial Court
This was a special action of the case against the defendant for diverting an ancient water-course which passed through the plain-ti. - close, and by which it was fertilized, so as to produce annually a large crop of grass.
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This was a special action of the case against the defendant for diverting an ancient water-course which passed through the plain-ti. - close, and by which it was fertilized, so as to produce annually a large crop of grass. The cause was tried before the chief justice, upon the general issue, at an adjournment of the last October term in this county, and a verdict found for the plaintiff, by the consent of the parties, subject to the opinion of the Court upon the following íeport of the judge who sat at the trial. It was proved that there was an ancient brook of running water, as described in…
1Opinion of the Court
The action was continued nisi for the opinion of the Court upon the foregoing report; and at an adjourned session of the last March term in Suffolk, present the Chief Justice, and Sewall and Parker, Justices, the opinion of the Court was pronounced to the following effect: —
We think, upon the facts reported in this case, that the plaintiff has no right of action, and that the verdict must be set aside. A man owning a close on an ancient brook may lawfully use the water thereof for the purposes of husbandry, as watering his cattle, or irrigating the close; and he may do this, either by dipping…
2Cases cited1 opinion
- Arnold v. FootNew York Supreme Court · 1834
3Cited by12 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Lux v. HagginCalifornia Supreme Court · 1886
- McBRYDE SUGAR COMPANY, LIMITED v. RobinsonHawaii Supreme Court · 1973
- Ingraham v. HutchinsonSupreme Court of Connecticut · 1818
- Baker, Fleming & Hubert v. BrownTexas Supreme Court · 1881
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