Buddington v. Bradley
Supreme Court of Connecticut
This was an action on the case, for obstructing a watercourse, which passed through the plaintiffs’ land, and propelled the wheels of a mill owned by them, by which they sustained damage.
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This was an action on the case, for obstructing a watercourse, which passed through the plaintiffs’ land, and propelled the wheels of a mill owned by them, by which they sustained damage. The cause was tried at New-Haven, October adjourned term, 1833, before Williams, J. The plaintiffs claimed to have proved, that they and those _ \ , 4 whom they claimed, had, for more than a century, en-j0ye[j free and uninterrupted use of the West river in New-Haven, as their convenience required, in its natural course and quantity, through the land now'bccupied by the defendant to the land of the…
1Opinion of the CourtWilliams, J.
It was supposed, by the judge who presided at the trial of this cause, that the same principles which decided the case of King & al. v. Tiffany & al. 9 Conn. Rep. 162. were applicable to, and decisive of, this case. There, the plaintiffs, as owners of the upper mill, claimed, that they had a right to have the waters flow over their land and from their mill, as they had been accustomed to flow; and that the defendants, by their dam, had interrupted that natural and accustomed flow. The defendants said, that what they had done would not have injured the plaintiffs, if they had continued to use…
2Cases cited1 opinion
- Riley v. GourleySupreme Court of Connecticut · 1832
3Cited by7 opinions
- Johnson v. LewisSupreme Court of Connecticut · 1839
- City of Richmond v. TestIndiana Court of Appeals · 1897
- Farrington v. KlauberSupreme Court of Connecticut · 1943
- Stamford Extract Manufacturing Co. v. Stamford Rolling Mills Co.Supreme Court of Connecticut · 1924
- Pratt v. LamsonMassachusetts Supreme Judicial Court · 1861
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