Elting Woolen Co. v. Williams
Supreme Court of Connecticut
Petition Tinder the floivage act, brought to the Superior Court in New London county. The petition alleged that the petitioners were the owners in fee of a parcel of land and of a watermill thereon standing, situated-on the river Yantic, in the town of Norwich, [describing it]; that the petitioners were also the owners of a dam standing upon the land and extending across the river near to the mill, by means of which the waters of the river were raised for the working of the…
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Petition Tinder the floivage act, brought to the Superior Court in New London county. The petition alleged that the petitioners were the owners in fee of a parcel of land and of a watermill thereon standing, situated-on the river Yantic, in the town of Norwich, [describing it]; that the petitioners were also the owners of a dam standing upon the land and extending across the river near to the mill, by means of which the waters of the river were raised for the working of the mill, and which dam the petitioners had now the right to keep up and maintain to the height of, and no higher than, the…
1Opinion of the CourtPark, J.
We think the case of The Occam Co. v. The Sprague Manufacturing Co., 35 Conn., 496, governs this case, and decides this controversy in favor of the respondent.
In that case it appeared that when the Spragues erected their mill they reserved a small portion of their water power for future use in connection with their mill privilege as circumstances might require; and it appearing to the court that the amount reserved was not unreasonable, in order to provide for contingencies that might arise in' the construction of their works, and it further appearing that the reservation was made in good…
2Cases cited2 opinions
- Occum Co. v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1868
- Curtiss v. SmithSupreme Court of Connecticut · 1868
3Cited by1 opinion
- McMillan v. NoyesSupreme Court of New Hampshire · 1909