Wadsworth v. Tillotson
Supreme Court of Connecticut
This was an action on the case for the diversion of a water-course. The cause was tried at Hartford, December adjourned term, 1842, before Slorrs, J, The plaintiff and defendant lived upon a road running North and South, the plaintiff’s house being thirty or forty rods South of the defendant’s. About fifteen or twenty rods West of their houses, a brook flowed from the North to the South through the premises of both parties, which was a permanent stream.
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This was an action on the case for the diversion of a water-course. The cause was tried at Hartford, December adjourned term, 1842, before Slorrs, J, The plaintiff and defendant lived upon a road running North and South, the plaintiff’s house being thirty or forty rods South of the defendant’s. About fifteen or twenty rods West of their houses, a brook flowed from the North to the South through the premises of both parties, which was a permanent stream. The plaintiff owned a lot of land, lying directly West of her house, sixty rods wide, bounded West on land of Jeptha Hart, and North on the…
1Opinion of the CourtStorrs, J.
The charge of the judge below went on the ground that the admitted acts of the defendant, in taking from the spring on her land a greater quantity of water than she needed for domestic and culinary purposes, and watering her cattle, in such a manner that the surplus was not returned to the natural channel of the stream running from the spring, before it reached the plaintiff’s land, amounted to such a diversion of the water as constituted an infringement or violation of the rights of the plaintiff, as owner of the land below, to have the water run in its accustomed course; and that a…
2Cases cited4 opinions
- Palmer v. MulliganNew York Supreme Court · 1805
- Crooker v. BraggNew York Supreme Court · 1833
- Inhabitants of Stratford v. SanfordSupreme Court of Connecticut · 1832
- Chapman v. Thames Manufacturing Co.Supreme Court of Connecticut · 1839
3Cited by31 opinions
- Collens v. New Canaan Water Co.Supreme Court of Connecticut · 1967
- City of Waterbury v. Town of WashingtonSupreme Court of Connecticut · 2002
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Dumont v. KelloggMichigan Supreme Court · 1874
- Vansickle v. HainesNevada Supreme Court · 1872
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