Sellick v. Hall
Supreme Court of Connecticut
Action on the case for damages from the overflow of a brook obstructed by the defendant; brought to the Superior Court in New London County, and tried to the jury on the general issue before Culver, J. The declaration contained also a count in assumpsit, upon an agreement of the defendant, from whom the plaintiff- purchased his premises, that they were dry and the cellar of the house free from water; the two counts being alleged to be for the same cause of action.
Read the full summary
Action on the case for damages from the overflow of a brook obstructed by the defendant; brought to the Superior Court in New London County, and tried to the jury on the general issue before Culver, J. The declaration contained also a count in assumpsit, upon an agreement of the defendant, from whom the plaintiff- purchased his premises, that they were dry and the cellar of the house free from water; the two counts being alleged to be for the same cause of action. On the trial it appeared in evidence that the plaintiff was the owner of the premises described in his declaration, that he…
1Opinion of the CourtGranger, J.
The principles of law which govern this case are simple, and easy of application.
The defendant, through whose premises Franklin Street Brook ran, had a perfect right within his own boundaries to make such a channel for the water as he pleased, so long as no other person was injured by reason of it. The law did *270not concern itself with the question whether it was the old channel, or an entirely new one, or was an open or covered channel, nor whether, if it was a covered one, it was of one kind rather than another. All that the law required of him was such a channel as would carry safely and…
2Cases cited2 opinions
- Joy v. ThompsonMichigan Supreme Court · 1844
- Luther v. DeyoNew York Supreme Court · 1839
3Cited by40 opinions
- People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
- Miller v. Highland Ditch Co.California Supreme Court · 1891
- Murray v. City of MilfordCourt of Appeals for the Second Circuit · 1967
- Murray v. City Of MilfordCourt of Appeals for the Second Circuit · 1967
- Sloggy v. DilworthSupreme Court of Minnesota · 1888
35 more not listed; retrieve them via the Exa API.