Foot v. New Haven & Northampton Co.
Supreme Court of Connecticut
This was an action on the case, brought by Enos Foot, against the New Haven and Northampton company, Henry Ives, Charles Brockett and Arba Dickerman, for diverting the water, of what was formerly the Farmington canal, upon the land of the plaintiff. The New Haven and Northampton company were incorporated, in May, 1836, and are the successors of the corporation estabished by the general assembly, by the name of the president, directors and company of the Farmington canal.
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This was an action on the case, brought by Enos Foot, against the New Haven and Northampton company, Henry Ives, Charles Brockett and Arba Dickerman, for diverting the water, of what was formerly the Farmington canal, upon the land of the plaintiff. The New Haven and Northampton company were incorporated, in May, 1836, and are the successors of the corporation estabished by the general assembly, by the name of the president, directors and company of the Farmington canal. In May, 1846, said New Haven and Northampton company were empowered to construct a railroad, on, or near the line of the…
1Opinion of the CourtStorrs, J.
We are not distinctly apprised, nor is it material to ascertain, in what capacity, or in what relation to the New Haven and Northampton company, the other defendants acted, when they assisted in building the culvert, of the effects of which the plaintiff complains. At that time, the land, which adjoins the site of the culvert, and is said to be injuriously affected by it, was owned by Uriah Eoot, and the acts of these defendants were done by his license or direction. No authorities are needed to support the opinion, that such a license, or direction, furnished a legal excuse for their…
2Cited by29 opinions
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