Chapman v. Thames Manufacturing Co.
Supreme Court of Connecticut
This was an action on the case, for raising the water in Gardner’s lake, by means of obstructions at the outlet, and thereby causing the plaintiff’s land adjoining that lake, to be overflowed. The cause was tried at New-London, September term, 1837, before Waite, J. The defendants had a mill-pond at the Northern end of Gardner’s lake ; the waters of the lake being drawn into such mill-pond for the use of the mills below.
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This was an action on the case, for raising the water in Gardner’s lake, by means of obstructions at the outlet, and thereby causing the plaintiff’s land adjoining that lake, to be overflowed. The cause was tried at New-London, September term, 1837, before Waite, J. The defendants had a mill-pond at the Northern end of Gardner’s lake ; the waters of the lake being drawn into such mill-pond for the use of the mills below. In the year 1823, the dam of this pond, being then owned by the Gardner’s Lake Company, and in a ruinous condition, was repaired and raised, by that company; and in the year…
1Opinion of the Court
Sherman, J. '
It is assumed in the motion, that the natu-sand-bar would raise the lake as high as the present dam, an^ cauge Water to overflow the plaintiff’s land to the game extent. But the mills and artificial channel are ancient; 111,11 and therefore, the plaintiff and those under whom he holds had become entitled, by length of time, to have the water kept down to the level to which it had been accustomed to flow since their establishment. This the motion admits, but resists the claim which the plaintiff makes on that principle, upon the ground, that he has, in fact, sustained no injury by…
2Cited by9 opinions
- Gager v. CarlsonSupreme Court of Connecticut · 1959
- Wadsworth v. TillotsonSupreme Court of Connecticut · 1843
- Wessels v. ColebankIllinois Supreme Court · 1898
- Nixon v. WelchSupreme Court of Iowa · 1946
- Cloyes v. Middlebury Electric Co.Supreme Court of Vermont · 1907
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