Collins v. Driscoll
Supreme Court of Connecticut
Writ of error, brought to the superior court in New Haven county from the judgment of a justice of the peace, in an action of trespass quare clausum, fregit brought by the defendant in error against the plaintiffs in error.
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Writ of error, brought to the superior court in New Haven county from the judgment of a justice of the peace, in an action of trespass quare clausum, fregit brought by the defendant in error against the plaintiffs in error. By the bill of exceptions allowed by the justice it appeared that the acts' charged as a trespass were committed by the original defendants as the servants of M. Rosenbaum and others, to whom the original plaintiff, Driscoll, had conveyed certain land adjoining that on which the acts were committed, by a deed which granted also the privilege of deepening a ditch already…
1Opinion of the CourtPare, J.
At the time the deed was executed the ditch in question was six feet deep and six feet wide at the top, with sides sloping to two feet wide at the bottom. The deed confers authority upon the plaintiffs to deepen the ditch as deep *46as the plaintiffs may desire, and the question is in what sense the parties understood this expression.
The defendant dug the ditch for the purpose of draining the premises conveyed, which was low swampy Hand adapted to the production of peat for fuel. The- land was sold by the defendant and purchased by the plaintiffs for the' purpose of carrying on the business of…
2Cases cited2 opinions
- Ely v. AdamsNew York Supreme Court · 1822
- Brown v. BrownSupreme Court of Connecticut · 1822
3Cited by5 opinions
- Sunnyside Valley Irrigation District v. DickieWashington Supreme Court · 2003
- Sunnyside Valley Irr. Dist. v. DickieWashington Supreme Court · 2003
- Patterson v. Chambers Power Co.Oregon Supreme Court · 1916
- Whittelsey v. PorterSupreme Court of Connecticut · 1909
- Salem Capital Flour Mills Co. v. Stayton Water-Ditch & Canal Co.United States Circuit Court · 1887