Burdick v. Glasko
Supreme Court of Connecticut
This was an action on the case, the declaration containing three counts. In the second count, the plaintiff alleged, that for more than ten years previous, he had been, and then was, possessed of a certain tract of land, lying in the town of Gris-wold, on the Westerly side of the Pachaug river, containing about two acres, with a certain water-mill, with the appurtenances, thereon standing ; the same being operated by the waters of said river, by means of a dam across the…
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This was an action on the case, the declaration containing three counts. In the second count, the plaintiff alleged, that for more than ten years previous, he had been, and then was, possessed of a certain tract of land, lying in the town of Gris-wold, on the Westerly side of the Pachaug river, containing about two acres, with a certain water-mill, with the appurtenances, thereon standing ; the same being operated by the waters of said river, by means of a dam across the same; being divided by an island in the river, so that the dam consisted of two parts. The plaintiff then averred, “ that…
1Opinion of the CourtWaitb, J.
It is admitted by the parties, that they are respectively owners of lands and mills situated upon the opposite sides of the Pachaug river, and that these mills are operated by the waters of that river, raised by a dam across the same.
The plaintiff has alleged, that he is entitled to the free course of those waters, and the use of them for his mill, by means of the dam, free and undisturbed. The defendant says, that there is a variance between the allegations and the proof of title, as shown by the agreement, because whenever there is a scarcity of water in the river, the plaintiff is entitled…
2Cited by2 opinions
- Dunklee v. Wilton RailroadSuperior Court of New Hampshire · 1852
- Avon Manufacturing Co. v. AndrewsSupreme Court of Connecticut · 1862