Ognio v. Elm Farm Milk Co.
Supreme Court of Connecticut
Action to recover damages for wrongfully depriving the plaintiff of the use of the water of a certain pond or reservoir, brought to the Superior Court in Windham County and tried to the jury before Greene, J.; verdict and judgment for the defendant, and appeal by the plaintiffs for alleged errors in the charge of the court to the jury.
1Opinion of the CourtRoraback, J.
In March, 1908, the plaintiffs purchased from Mariette Rice a farm, upon which they have since lived. In the deed conveying this land the plaintiffs also acquired the right to the use of water from a certain pond. These water rights were described in the deed as follows: "Together with the right to maintain and repair a five inch pipe now existing and laid from a pond or reservoir situated on land, now or late, of George F. Phelps, lying on the other side, of said highway and opposite of said described tract, to said described tract, and together with the right to use the water of said pond…
2Cases cited3 opinions
- Hazard Powder Co. v. Somersville Manufacturing Co.Supreme Court of Connecticut · 1905
- Mason v. HoyleSupreme Court of Connecticut · 1888
- Board of Water Commissioners v. PerrySupreme Court of Connecticut · 1897
3Cited by1 opinion
- Gager v. CarlsonSupreme Court of Connecticut · 1959