Smith v. Moodus Water Power Co.
Supreme Court of Connecticut
Action on the case, brought to the superior court for Middlesex county, by the plaintiff as administrator on the estate of Jeremiah Smith, deceased, for an injury to the land of the deceased by the defendants, a joint stock corporation, in keeping up and continuing- a drain previously dug wrongfnlly by others, by which a pond upon which the land bordered was in part drawn Off.
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Action on the case, brought to the superior court for Middlesex county, by the plaintiff as administrator on the estate of Jeremiah Smith, deceased, for an injury to the land of the deceased by the defendants, a joint stock corporation, in keeping up and continuing- a drain previously dug wrongfnlly by others, by which a pond upon which the land bordered was in part drawn Off. The declaration averred that the plaintiff was the duly appointed and qualified administrator of the said Jeremiah Smith, and that on or about the 9th day of March, 1864, and while he was such administrator, he became,…
1Opinion of the CourtMcCurdy, J.
The substance of that part of the plaintiff’s declaration on which he recovered is, that as administrator on the estate of Jeremiah Smith he was lawfully possessed of a tract of land lying on the side of Bashan Pond and bounded partly by it; that as such administrator he had the legal right to the water of the pond for agricultural and domestic purposes, especially for watering his cattle, and for forming in part the boundary and enclosure of the tract; and that he had the legal right to have the Water kept at a certain height for these purposes; that during the life of said Smith one…
2Cited by1 opinion
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