Agawam Canal Co. v. Edwards
Supreme Court of Connecticut
Bills in Equity ; brought to the Superior Court in Hartford • county. The first case is a petition of the Agawam Canal Company, a corporation of the state of Massachusetts, and of Theron Rockwell of Southwick in that state, against Arnold Edwards, Edwin P. Stevens, Luther Griffin, Erastus Owen, and Hector Case, of Suffield and Granby in the state of Connecticut, praying that the respondents be enjoined from diverting the water of Southwick Ponds, and of the streams flowing…
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Bills in Equity ; brought to the Superior Court in Hartford • county. The first case is a petition of the Agawam Canal Company, a corporation of the state of Massachusetts, and of Theron Rockwell of Southwick in that state, against Arnold Edwards, Edwin P. Stevens, Luther Griffin, Erastus Owen, and Hector Case, of Suffield and Granby in the state of Connecticut, praying that the respondents be enjoined from diverting the water of Southwick Ponds, and of the streams flowing into the same, from the channels by which they flowed to the mills of the petitioners. The second case is a petition of…
1Opinion of the CourtButler, J.
These cases involve the same facts and principles and having been argued together will be so considered in this opinion.
It is apparent that the gist of the controversy relates to the diversion of Strap Brook. For aught that appears ■the petitioners, the Agawam Canal Company and Rockwell, could have closed the mouth of the canal at the pond at any time, and thereby secured the waters of the ponds ; but in so *497doing they would practically have abandoned those of the brook. By their present dam they secure both. In effect then they ask the aid of the court to enable them to maintain their present…
2Cases cited1 opinion
- Warner v. SouthworthSupreme Court of Connecticut · 1827
3Cited by10 opinions
- Dumont v. KelloggMichigan Supreme Court · 1874
- People v. HulbertMichigan Supreme Court · 1902
- Gager v. CarlsonSupreme Court of Connecticut · 1959
- Washington Ice Co. v. ShortallIllinois Supreme Court · 1881
- Goodyear v. ShanahanSupreme Court of Connecticut · 1875
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