Osborn v. City of Norwalk
Supreme Court of Connecticut
Action to recover damages.to lands of a riparian owner caused at times by an unreasonable and excessive flowage and at other times by a diminished flow, and also for an injunction, brought to and tried by the Court of. Common Pleas in Fairfield County, Curtis, J.; judgment for the plaintiff for 1300 damages, and appeal by the defendant.
1Opinion of the CourtBaldwin, J.
The defendant city built thirty years ago and ever since has maintained and used a dam on its own land in the town of New Canaan, on Silvermine River, a non-navigable stream, to store up water to be brought to the city (which is remote from the dam) in pipes, for use there for municipal purposes. A large amount of water was thus diverted from the river, which was never restored to it.
Such a use of it by the city was not warranted'by its riparian ownership. The diversion in no way promoted its beneficial enjoyment of its land adjoining the river. Harding v. Stamford Water Co., 41 Conn. 87. The…
2Cases cited3 opinions
- Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1841
- Harding v. Stamford Water Co.Supreme Court of Connecticut · 1874
- Peltier v. Bradley, Dann & Carrington Co.Supreme Court of Connecticut · 1895
3Cited by9 opinions
- City of Waterbury v. Town of WashingtonSupreme Court of Connecticut · 2002
- Scott v. ScottSupreme Court of Connecticut · 1910
- Klein v. DeRosaSupreme Court of Connecticut · 1951
- Maguire v. KieselSupreme Court of Connecticut · 1913
- Harvey Realty Co. v. Borough of WallingfordSupreme Court of Connecticut · 1930
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