Jennings v. Sherwood
Supreme Court of Connecticut
This was an action on the case for a nuisance to the plaintiff's meadows, by raising and continuing a mill-dam at Cumpo Creek, and by filling up New Creek, in the town of Fairfield. The cause was tried at Fairfield, December term 1829, before Williams, J. The defendants admitted, that in 1814, they erected a mill-dam on Cumpo Creek ; and that, in the same year, they filled up New-Creek; and the question on the trial was, whether these acts were rightfully done by them.
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This was an action on the case for a nuisance to the plaintiff's meadows, by raising and continuing a mill-dam at Cumpo Creek, and by filling up New Creek, in the town of Fairfield. The cause was tried at Fairfield, December term 1829, before Williams, J. The defendants admitted, that in 1814, they erected a mill-dam on Cumpo Creek ; and that, in the same year, they filled up New-Creek; and the question on the trial was, whether these acts were rightfully done by them. A stream of fresh water, running Southerly, enters a creek or arm of the sea a little above a place called Bridge-Hill…
1Opinion of the CourtWilliams, J.
It is certainly true, that the construction of a written document is matter of pure law, where the meaning is to be collected from the document itself; but where the meaning is to be judged of, by extrinsic circumstances, the construction is usually a question of fact for the jury. 1 Stark. Ev. 429. So where a writing is ambiguous, it has been submitted to the jury for them to infer the intent of the party. Lloyd v. Maund, 2 Term Rep. 760. 762. In this case, there is no direct agreement recognizing the right of filling up New Creek ; nor was the agreement itself before the court. The…
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