Holyoke Water Power Co. v. Connecticut River Co.
U.S. Circuit Court for the District of Connecticut
Bill in Equity for the removal of an existing dam across Connecticut River, and for an injunction against a •threatened raising of the dam. The Connecticut River Company was incorporated by the General Assembly of the state of Connecticut in 1824 “for the purpose of improving the navigation of Connecticut River, with power to make a canal with locks around En-field Falls, and to construct (with certain restrictions) a dam across the river at the upper end of the canal.
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Bill in Equity for the removal of an existing dam across Connecticut River, and for an injunction against a •threatened raising of the dam. The Connecticut River Company was incorporated by the General Assembly of the state of Connecticut in 1824 “for the purpose of improving the navigation of Connecticut River, with power to make a canal with locks around En-field Falls, and to construct (with certain restrictions) a dam across the river at the upper end of the canal. The dam and canal were completed in 1829 and the navigation of the river has since then been through the canal. The whole was…
1Opinion of the CourtShipman, J.
(After stating the general facts.) Two facts are conceded by all the witnesses. The first is, that, at low water, which is generally stated to be a flow of four thousand cubic feet per second at Holyoke, the Connecticut River between Holyoke and the defendant’s dam, as it existed before the gap was filled, was nearly a still pond. Mr. Hershel says that “a slope of only four inches sufficed to convey four thousand cubic feet per second from Holyoke to the Enfield dam.” Therefore any material additional obstruction placed upon the Enfield dam of 1849 or 1855 would be perceptible in the river at…
2Cited by11 opinions
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Benson v. Housing AuthoritySupreme Court of Connecticut · 1958
- McCarter v. Hudson County Water Co.Supreme Court of New Jersey · 1906
- Lane v. Board of Harbor CommissionersSupreme Court of Connecticut · 1898
- Warner v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1913
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