Branch v. Doane
Supreme Court of Connecticut
This was an action on the case for the obstruction of a water-course. The plaintiff, in the first count of her declaration, averred, That she then was, and for more than six years last past had been, the owner and possessor of avaluadle grist-mill, situated on the Pachaug river in the town of V olunlown, at a short distance above the cotton-mill owned and occupied by the defendant; that during all said time, the plaintiff has been, and now is, lawfully entitled to the free…
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This was an action on the case for the obstruction of a water-course. The plaintiff, in the first count of her declaration, averred, That she then was, and for more than six years last past had been, the owner and possessor of avaluadle grist-mill, situated on the Pachaug river in the town of V olunlown, at a short distance above the cotton-mill owned and occupied by the defendant; that during all said time, the plaintiff has been, and now is, lawfully entitled to the free and unobstructed flow of said stream, in its natural course, to carry her mill, and ever has been, and now is, wholly…
1Opinion of the CourtStorks, J.
The first question in this case, is, whether Jonathan Branch was a competent witness for the plaintiff.
The defendant concedes, that he was not interested in the event of the suit, not being entitled to any portion of the damages which might be recovered, nor liable to the plaintiff, if she failed to recover. But he claims, that the witness was *411interested in the record, as an instrument of evidence in his fa vour, if the plaintiff succeeded. a» .
Nothing appears in the motion as to the-interest or estate of the plaintiff in the premises to which the injury is alleged to have been committed,…
2Cited by14 opinions
- Jo-Mark Sand & Gravel Co. v. PantanellaSupreme Court of Connecticut · 1953
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Bland v. BregmanSupreme Court of Connecticut · 1937
- City of Valparaiso v. BozarthIndiana Supreme Court · 1899
- French v. OwenWisconsin Supreme Court · 1853
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