Tatem v. Gilpin
Court of Chancery of Delaware
Injunction Bill.—The complainants were the owners of a mill site on the South side of the Brandywine Creek, on which they were about to erect a mill, above a mill site owned by the defendants.
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Injunction Bill.—The complainants were the owners of a mill site on the South side of the Brandywine Creek, on which they were about to erect a mill, above a mill site owned by the defendants. The bill charged, among other things, that the defendants had by a new dam constructed across the creek, below the mill site of the complainants, penned the water back upon the complainants to the height of two feet and three quarters of an inch above its usual and proper level, thereby depriving the complainants, of a suffi cient fall of water for their contemplated mill, and preventing the erection of…
1Opinion of the Court
Ridgely, Chancellor.
This is a case which comes within the exceptions to the rule, and in principle is the same as the case of Robinson vs. Lord Byron cited in argument. By the overflowing of the land the complainants *16are deprived of the use and enjoyment of it. They cannot build on it while it is covered with water. It may possibly go to the irreparable destruction of it. At any rate, it obstructs all the alleged motives of the complainants in purchasing, by preventing them from building. Let the affidavits be read.
Before the case had proceeded further the defendants applied for leave to…
2Cases cited1 opinion
- Young v. GrundySupreme Court of the United States · 1810
3Cited by17 opinions
- Electrical Research Products, Inc. v. Vitaphone Corp.Supreme Court of Delaware · 1934
- Mak-Saw-Ba Club v. CoffinIndiana Supreme Court · 1907
- duPont v. duPontSupreme Court of Delaware · 1951
- Ownbey v. MorganSupreme Court of Delaware · 1917
- Acierno v. HaywardSupreme Court of Delaware · 2004
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