Parker v. Hotchkiss
Supreme Court of Connecticut
This was an action on the case, for obstructing the waters of West river in New Haven, by means of which they were prevented from flowing to the plaintiff’s paper mill, as they had been accustomed to flow. Upon the trial of this case before the superior court at New Haven, at the March term 1856, it appeared that the plaintiffs and defendant were owners and occupiers respectively of mill seats on West river.
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This was an action on the case, for obstructing the waters of West river in New Haven, by means of which they were prevented from flowing to the plaintiff’s paper mill, as they had been accustomed to flow. Upon the trial of this case before the superior court at New Haven, at the March term 1856, it appeared that the plaintiffs and defendant were owners and occupiers respectively of mill seats on West river. The plaintiffs claimed that their privilege was an ancient one, entitling them to the uninterrupted flow of the stream. In support of their claim they offered in evidence the records of…
1Opinion of the CourtWaite, C. J.
In the two suits, the records of which were read in evidence, the plaintiffs were under no obligation to prove their title to the extent alledged, in order to entitle them to the verdict which they recovered. It was suffleient for them to prove so much of it, as would enable them to sustain their action, had no more been alleged.
Thus a person, who has the lawful possession of lands, may maintain an action for trespass committed upon them, and in his declaration need not set out more than his possessory title. But if he goes further, and alledges that he was well seized and possessed of those…
2Cited by17 opinions
- Dumont v. KelloggMichigan Supreme Court · 1874
- Vansickle v. HainesNevada Supreme Court · 1872
- Grisby v. Clear Lake Water Works Co.California Supreme Court · 1870
- Whiting v. GaylordSupreme Court of Connecticut · 1895
- Gillison v. City of CharlestonWest Virginia Supreme Court · 1880
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