Chamberlain v. Hemingway
Supreme Court of Connecticut
Suit for an injunction against the filling of a sluice-way by the defendants ; brought to the Superior Court in New Haven County and heard before Thayer, J. Facts found and judgment rendered for the defendants, and appeal by the plaintiffs. The case is stated in the opinion. 1. For more than fifty years the water-way in question has existed, twenty feet wide, and over three hundred feet in length, and in it the water was six feet deep at ordinary high tide.
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Suit for an injunction against the filling of a sluice-way by the defendants ; brought to the Superior Court in New Haven County and heard before Thayer, J. Facts found and judgment rendered for the defendants, and appeal by the plaintiffs. The case is stated in the opinion. 1. For more than fifty years the water-way in question has existed, twenty feet wide, and over three hundred feet in length, and in it the water was six feet deep at ordinary high tide. It connects at each end with the Quinnipiac river. Water has passed through it during all this time. Loaded boats have passed through it.…
1Opinion of the CourtAhdue'WS, C. J.
All the questions of law made in this case depend upon a question of fact. In their complaint the plaintiff's say they are the owners of a piece of land adjoining a sluiceway running out of and into Quinnipiac river. In the second count the sluiceway is spoken of as “ a river or water-course.”
If the sluiceway so spoken of is a “ river,” or “ a watercourse,” so that the owners adjoining it on either side have riparian rights of the same kind and to the same extent that land owners upon the banks of an inland stream possess them, then the contention of the plaintiffs is correct, and there is…
2Cases cited5 opinions
- Gillett v. JohnsonSupreme Court of Connecticut · 1861
- Prior v. SwartzSupreme Court of Connecticut · 1892
- Stanchfield v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Joliet & Chicago Railroad v. HealyIllinois Supreme Court · 1880
- Gallup v. TracySupreme Court of Connecticut · 1856
3Cited by13 opinions
- Tide Water Oil Sales Corporation v. ShimelmanSupreme Court of Connecticut · 1932
- In re German Ditch & Reservoir Co.Supreme Court of Colorado · 1913
- Shanan v. BrownSupreme Court of Alabama · 1913
- S. O. & C. Co. v. Ansonia Water Co.Supreme Court of Connecticut · 1910
- Thompson v. New Haven Water Co.Supreme Court of Connecticut · 1913
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