Taylor v. Keeler
Supreme Court of Connecticut
Trespass oh the case for damage by wrongfully setting back the water of a stream; brought to the Superior Court. The declaration was as follows :— That on and before the first day of JanuarjL 1873, the plaintiff was Sid ever since has been lawfully possessed of a tract of land containing about eighteen acres of land, more or less, and a certain grist-mill thereon standing, with the appurtenances, situated in said Ridgefield and bounded and described as follows: [describing…
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Trespass oh the case for damage by wrongfully setting back the water of a stream; brought to the Superior Court. The declaration was as follows :— That on and before the first day of JanuarjL 1873, the plaintiff was Sid ever since has been lawfully possessed of a tract of land containing about eighteen acres of land, more or less, and a certain grist-mill thereon standing, with the appurtenances, situated in said Ridgefield and bounded and described as follows: [describing it.] And the plaintiff before and on said first day of January, 1873, and ever since, has had and still has the right to…
1Opinion of the CourtGranger, J.
(After stating the facts.) What are we to regard as the gist of this action ? For what injury is the plaintiff claiming compensation in damages? Is it for an injury to his land or to his mill ?
Clearly the land is mentioned only incidentally. No injury to it is alleged. The sole injury set forth in the declaration, so far as we can see, is the injury to the plaintiff’s mill. The facts with regard to this are stated with directness and precision. The allegation is, and there is no other of any injury whatever, that the defendant by his *349dam wrongfully caused the water of the stream “ to flow…
2Cited by4 opinions
- Sanford v. PeckSupreme Court of Connecticut · 1893
- Eldridge v. GormanSupreme Court of Connecticut · 1905
- Sowles v. ClawsonUtah Supreme Court · 1904
- Trout Brook Ice & Feed Co. v. Hartford Electric Light Co.Supreme Court of Connecticut · 1904