Hickox v. Parmelee
Supreme Court of Connecticut
This was an action on the case for the obstruction of a water-course. The declaration contained several counts, the second of which alledged, that the plaintiffs were the owners of a certain grist-mill and saw-mill, and of the premises on which they were situated, on East Aspetic river, in the town of Washington; that said river, at the time of committing the grievances hereinafter mentioned, had flowed, and been accustomed to flow, and of right still ought to flow, in great…
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This was an action on the case for the obstruction of a water-course. The declaration contained several counts, the second of which alledged, that the plaintiffs were the owners of a certain grist-mill and saw-mill, and of the premises on which they were situated, on East Aspetic river, in the town of Washington; that said river, at the time of committing the grievances hereinafter mentioned, had flowed, and been accustomed to flow, and of right still ought to flow, in great abundance, to the said mills and premises of the plaintiffs, for supplying them with water necessary to work them; that…
1Opinion of the CourtStorrs, J.
The right of controuling the water of the stream in question, for the benefit of the plaintiffs, in derogation of the rights of the defendants, whose works are situated between the mills of the plaintiffs and the outlet of the pond from which the stream issued, which the plaintiffs set up in the second count of the declaration, under which alone the rulings were made of which the defendants complain, and which it was necessary for the plaintiffs to prove, in order to recover under that count, was one of a special, or as it is termed artificial character, and to which, therefore, the…
2Cited by10 opinions
- Whiting v. GaylordSupreme Court of Connecticut · 1895
- Williams v. SalamoneSupreme Court of Connecticut · 1984
- Bradley's Fish Co. v. DudleySupreme Court of Connecticut · 1870
- Burns v. StateSupreme Court of Connecticut · 1911
- Brodie v. Connecticut Co.Supreme Court of Connecticut · 1913
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