Lawton v. Herrick
Supreme Court of Connecticut
Action against an upper riparian mill owner to recover damages for throwing sawdust, shavings, pom-ace and other refuse into the stream, thereby fouling the water, filling up the plaintiff’s mill-pond and injuring his mill, also for an injunction, brought to the Superior Court in Windham County where the equitable issues were tried to the court {Robinson, J.) and the legal issues to the jury before the same judge; verdict and judgment for the plaintiff for $150 damages, and…
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Action against an upper riparian mill owner to recover damages for throwing sawdust, shavings, pom-ace and other refuse into the stream, thereby fouling the water, filling up the plaintiff’s mill-pond and injuring his mill, also for an injunction, brought to the Superior Court in Windham County where the equitable issues were tried to the court {Robinson, J.) and the legal issues to the jury before the same judge; verdict and judgment for the plaintiff for $150 damages, and for an injunction against the continuance of the acts complained of, from which the defendant appealed.'
1Opinion of the CourtBurpee, J.
The plaintiff in this action is the owner of a mill-pond and saw-mill, and about half a mile above, on the same brook, the defendant owns another pond and saw-mill in which he makes cider in the fall of the year. In his original complaint the plaintiff alleged that the defendant had been throwing into the brook scantlings, sawdust, pomace, and other refuse, which floated down into the plaintiff’s pond and partially filled it up, clogged and damaged his mill, and made the water so foul and unwholesome that the plaintiff was not able to find and harvest ice fit for domestic use in sufficient…
2Cases cited21 opinions
- Board of Water Commissioners v. RobbinsSupreme Court of Connecticut · 1910
- Lyon v. LyonSupreme Court of Connecticut · 1851
- Platt Bros. v. City of WaterburySupreme Court of Connecticut · 1900
- William Rogers Manufacturing Co. v. RogersSupreme Court of Connecticut · 1871
- Nolan v. City of New BritainSupreme Court of Connecticut · 1897
16 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Hillman v. Town of GreenwichSupreme Court of Connecticut · 1991
- Carothers v. CapozzielloSupreme Court of Connecticut · 1990
- Reilly v. Antonio Pepe Co.Supreme Court of Connecticut · 1928
- Sisters of St. Joseph Corp. v. Atlas Sand, Gravel & Stone Co.Supreme Court of Connecticut · 1935
- Aksomitas v. South End Realty Co.Supreme Court of Connecticut · 1949
21 more not listed; retrieve them via the Exa API.