Branch v. Doane
Supreme Court of Connecticut
This was an action for the obstruction of a water-course, thereby causing the water to set back upon the plaintiff’s mills ; commenced July 6th, 1843. The cause was tried at Brooklyn, October term 1845, before Church, J. The plaintiff, to establish his title to the carding-mill and saw-mill described in the declaration, offered in evidence a deed from Thomas Branch to himself, dated April 17th, 1798, conveying a certain piece of land, with a saw-mill standing thereon,…
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This was an action for the obstruction of a water-course, thereby causing the water to set back upon the plaintiff’s mills ; commenced July 6th, 1843. The cause was tried at Brooklyn, October term 1845, before Church, J. The plaintiff, to establish his title to the carding-mill and saw-mill described in the declaration, offered in evidence a deed from Thomas Branch to himself, dated April 17th, 1798, conveying a certain piece of land, with a saw-mill standing thereon, bounded, on one side, by the Pachaug river, “ with liberty to use the water, at any time, when the water runs over the darn…
1Opinion of the CourtStores, J.
We consider the question which has been first argued before us, as to the correctness of the charge of the court below, on the claim of the defendant of a prescriptive right to keep the water of the stream raised to the height complained of, by the plaintiff, as being settled in the case of Branch v. Doane, which was decided by this court, at its last term in this county. 17 Conn. R. 402. So far as it respects that question, we are unable to perceive, that the present case differs from that, in any essential, or scarcely even in any unimportant circumstance ; or that the charge of the court…
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