Legal Opinion

Beckerle v. City of Danbury

Supreme Court of Connecticut

Decided July 30, 1907PublishedCited by 6 opinions

Action to restrain the diversion of the head waters of Still River in Danbury above the plaintiff’s grist-mill, and to recover damages therefor, brought to and tried by the Superior Court in Fairfield County, Robinson, J., upon' the plaintiff’s demurrer to the defendant’s answer; the court overruled the demurrer and afterward rendered judgment {Reed, Jfor the defendant, from which the plaintiff appealed.

1Opinion of the CourtThayer, J.

The complaint alleges, in substance, that the plaintiff owns a tract of land with a grist-mill thereon, and water privilege connected therewith consisting of the right to pond and use the waters of Still River which flows through the premises; that the river, which has its sources in a number of small streams, most of which rise some distance north and west of the defendant city, flows through the city to the land of the plaintiff; that the plaintiff is entitled to the natural flow of the waters of the river to his said premises, and that the defendant, since 1889, has wrongfully used and…

2Cases cited4 opinions

  1. Watson v. New Milford Water Co.Supreme Court of Connecticut · 1899
  2. Stein v. ColemanSupreme Court of Connecticut · 1901
  3. Smith v. KingSupreme Court of Connecticut · 1892
  4. Converse, Receiver v. Aetna National BankSupreme Court of Connecticut · 1907

3Cited by6 opinions

  1. Connecticut Light & Power Co. v. FleetwoodSupreme Court of Connecticut · 1938
  2. Burritt v. LunnySupreme Court of Connecticut · 1916
  3. McNamAra v. Town of WatertownSupreme Court of Connecticut · 1924
  4. Cottrell v. Connecticut Bank & Trust Co.Supreme Court of Connecticut · 1975
  5. Loranger v. City of FlintMichigan Supreme Court · 1915

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