Seeley v. Brush
Supreme Court of Connecticut
Action on the case. The plaintiffs and their grantors had for more than a hundred years used and occupied a gristmill, with mill-pond and privilege connected with it, situated at Coscob in the town of Greenwich. The seat oftlie mill-pond was originally covered by an arm of the sea, being part of Cos-cob harbor, over which the tide ebbed and flowed ; the water of the pond being cut off from the harbor by the plaintiff’s dam and gate.
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Action on the case. The plaintiffs and their grantors had for more than a hundred years used and occupied a gristmill, with mill-pond and privilege connected with it, situated at Coscob in the town of Greenwich. The seat oftlie mill-pond was originally covered by an arm of the sea, being part of Cos-cob harbor, over which the tide ebbed and flowed ; the water of the pond being cut off from the harbor by the plaintiff’s dam and gate. The user of the plaintiff’s grantors originated in 1763 in a conveyance from a committee of the town of Greenwich, authorized by a vote of the town, to David…
1Opinion of the CourtHinman, C. J.
This was an action on the ease for an injury caused by erecting certain small stone piers in the plaintiffs’ mill pond by which the plaintiffs claim the volume of water, to which they have a right for the operation of their mill, to be lessened. The dam of the plaintiffs is across the upper part of Coscob harbor, and the power which they apply to the operation of their mill is obtained by retaining the water in their pond after the falling of the tide. Originally the place occupied by the mill pond, being the upper part of Cos-cob harbor, was an arm of the sea, and as such was navigable…
2Cases cited1 opinion
- Parker v. GriswoldSupreme Court of Connecticut · 1845
3Cited by4 opinions
- Brookville & Metamora Hydraulic Co. v. ButlerIndiana Supreme Court · 1883
- Minnesota Loan & Trust Co. v. St. Anthony Falls Water-Power Co.Supreme Court of Minnesota · 1901
- Carleton v. ClevelandSupreme Judicial Court of Maine · 1914
- Norway Plains Co. v. BradleySupreme Court of New Hampshire · 1872