Bowlsby v. Speer
Supreme Court of New Jersey
This action was brought for diverting a watercourse from its bed into the lands of the plaintiff. The circumstances as they appeared on the trial were these, viz.: there was a pond on the side of a hill, and below this pond was the stable lot of the defendant, and still lower down was the lot and dwelling-house of the plaintiff.
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This action was brought for diverting a watercourse from its bed into the lands of the plaintiff. The circumstances as they appeared on the trial were these, viz.: there was a pond on the side of a hill, and below this pond was the stable lot of the defendant, and still lower down was the lot and dwelling-house of the plaintiff. The pond was not fed by a spring nor from any subterranean source, but was formed altogether from rains and melting snows, and occasionally it was entirely dry — never ran over except in times of heavy showers,, and then with the other surface water falling on the…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
It is not one of the legal rights appertaining to land that the water falling upon it from the clouds shall be discharged over land contiguous to it; and this is the law, no matter what the conformation of the face of the country may be, and altogether without reference to the fact, that in the natural condition of things, the surface' water would escape in any given direction. The consequence is, therefore, that there is no such thing known to the law as a right to'any particular flow of surface water, jure natures. The owner of…
2Cited by7 opinions
- Hopler v. Morris Hills Regional DistrictNew Jersey Superior Court Appellate Division · 1957
- Rivenbark v. A. C. L. R. Co.Supreme Court of South Carolina · 1923
- Yonadi v. Homestead Country HomesNew Jersey Superior Court Appellate Division · 1955
- Hughes v. KnightNew Jersey Superior Court Appellate Division · 1955
- Gellenthin v. J. & D., INC.New Jersey Superior Court Appellate Division · 1960
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