Occum Co. v. A. & W. Sprague Manufacturing Co.
Supreme Court of Connecticut
Case, for an injury to a mill and a mill-site of the plaintiffs by the flowing of the same by the defendants, owners of a lower dam and mill; brought to the superior court in New London county, and tried to the jury on the general issue before Park, J. > The parties were both corporations.
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Case, for an injury to a mill and a mill-site of the plaintiffs by the flowing of the same by the defendants, owners of a lower dam and mill; brought to the superior court in New London county, and tried to the jury on the general issue before Park, J. > The parties were both corporations. The plaintiffs claimed title under a lease for twenty years from Ebenezer Waldo and Elizabeth Waldo, dated Dec. 9,1865. The defendants offered in evidence a written contract made by Ebenezer Waldo, dated Aug. 15, 1856, with William Sprague, Sen., from whom they derived their title to their mill and…
1Opinion of the CourtCarpenter, J.
It is apparent from the record'in this case that three general questions, mainly of fact, were raised by the defendants for the consideration of the jury.
1. Did the defendants’ grantors erect the dam complained of under a license from the lessors of the plaintiffs?
2. Did the defendants merely continue the dam as previously erected, or did they by means of flash-boards raise the water higher than it was raised by the former proprietors ?
3. Were the plaintiffs in commencing and prosecuting this suit acting within the scope of their corporate powers ?
Under each branch of the case a question of…
2Cases cited6 opinions
- Morris v. PlattSupreme Court of Connecticut · 1864
- New-York Firemen Insurance Co. v. ElySupreme Court of Connecticut · 1825
- Goodspeed v. East Haddam BankSupreme Court of Connecticut · 1852
- Johnson v. LewisSupreme Court of Connecticut · 1839
- McCune v. Norwich City Gas Co.Supreme Court of Connecticut · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Walton v. Town of New HartfordSupreme Court of Connecticut · 1992
- Edwards v. Allouez Mining Co.Michigan Supreme Court · 1878
- Bradbury v. City of South NorwalkSupreme Court of Connecticut · 1907
- Donovan v. Connecticut Co.Supreme Court of Connecticut · 1912
- Hogben v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1897
6 more not listed; retrieve them via the Exa API.