Thompson v. New Haven Water Co.
Supreme Court of Connecticut
Action to restrain the defendant from maintaining a dam and embankment and from further diverting the freshet water of Farm River, so-called, from the plaintiff’s premises in East Haven, whereby his lowlands were fertilized, and also for damages, brought to the Superior Court in New Haven County and tried . to the jury before Gager, J.; verdict and judgment for the plaintiff for $250 damages, together with a decree for' an injunction, and appeal by the defendant.
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Action to restrain the defendant from maintaining a dam and embankment and from further diverting the freshet water of Farm River, so-called, from the plaintiff’s premises in East Haven, whereby his lowlands were fertilized, and also for damages, brought to the Superior Court in New Haven County and tried . to the jury before Gager, J.; verdict and judgment for the plaintiff for $250 damages, together with a decree for' an injunction, and appeal by the defendant. The parties offered evidence to prove the following facts, which, in so far at least as they are material to any question of law…
1Opinion of the CourtPrentice, C. J.
The defendant asked that a verdict be directed in its favor, urging that all the damage which the plaintiff had showii was damnum absque injuria. The court instructed the jury that upon the evidence, substatítially undisputed, disclosing the acts and conduct of the defendant from which this damage had resulted, it was legally liable to compensate the plaintiff therefor, and that the only question for it to determine was the amount of that compensation.
The plaintiff, as a lower landed proprietor, charges that the defendant, as an adjoining proprietor, invaded his rights by a construction upon…
2Cases cited12 opinions
- Gray v. McWilliamsCalifornia Supreme Court · 1893
- Gillett v. JohnsonSupreme Court of Connecticut · 1861
- Adams v. WalkerSupreme Court of Connecticut · 1867
- Stein v. ColemanSupreme Court of Connecticut · 1901
- Chadeayne v. RobinsonSupreme Court of Connecticut · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
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- Dimmock v. City of New LondonSupreme Court of Connecticut · 1968
- Fenmode, Inc. v. Aetna Casualty & Surety Co.Michigan Supreme Court · 1942
- Sun Underwriters Ins. Co. of New York v. BunkleyCourt of Appeals of Texas · 1950
- Tide Water Oil Sales Corporation v. ShimelmanSupreme Court of Connecticut · 1932
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