Roath v. Driscoll
Supreme Court of Connecticut
This was a bill in chancery, complaining of an injury to the plaintiffs, by means of a diversion of water, by the defendant, and asking for an injunction. On a hearing before the superior court, at Norwich, March term, 1850, the court made the following finding of facts.
Read the full summary
This was a bill in chancery, complaining of an injury to the plaintiffs, by means of a diversion of water, by the defendant, and asking for an injunction. On a hearing before the superior court, at Norwich, March term, 1850, the court made the following finding of facts. The plaintiffs now, and for a period of more than fifteen years next before the commencement of this suit, have ever been the owners of, and interested in, and in the lawful possession of, the lot or piece of land described in the bill, and the appurtenances thereof, in the manner and with the estate therein, as alleged in…
1Opinion of the CourtEllsworth, J.
This is an application to a court of equity, to prevent the defendant from using a certain reservoir of water, situate upon his premises.
The court, doubtless, possesses the necessary power; but it is not to be exercised as a matter of course, even when the plaintiff suffers some injury to his real estate. Whenever the right is doubtful, or needs the investigation of a jury, upon facts in dispute, a court of equity is always reluctant to interpose its summary authority; for it is rather the duty of the court to protect acknowledged rights, than to establish new and doubtful ones.
We think the…
2Cases cited2 opinions
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Lasala v. HolbrookNew York Court of Chancery · 1833
3Cited by63 opinions
- Collens v. New Canaan Water Co.Supreme Court of Connecticut · 1967
- Rideout v. KnoxMassachusetts Supreme Judicial Court · 1889
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Pixley v. . ClarkNew York Court of Appeals · 1866
58 more not listed; retrieve them via the Exa API.