Thorpe v. Corwin
Supreme Court of New Jersey
In Error to the Circuit Court of the county of Morris. This was an action on the case, brought by Corwin, who was plaintiff below against Thorpe the plaintiff in error, for the diversion of a water course. At the trial a verdict was rendered and judgment entered for the plaintiff. The defendant then removed the cause into this court by writ of error.
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In Error to the Circuit Court of the county of Morris. This was an action on the case, brought by Corwin, who was plaintiff below against Thorpe the plaintiff in error, for the diversion of a water course. At the trial a verdict was rendered and judgment entered for the plaintiff. The defendant then removed the cause into this court by writ of error. The grounds relied upon for a reversal, and the facts and circumstances of the case fully appear in the opinion of the court, delivered by the Chief Justice.
1Opinion of the CourtHornblower, C. J.
By the evidence as set forth in the bill of exceptions, it appears, that originally, the stream in question, after crossing the defendant’s land, entered upon and ran some distance on land now belonging to the plaintiff, forming thereon an irregular curve; and then returning to the defendant’s land reentered the same at another point. That about forty years before the commencement of this action, the person under whom the plaintiff claims, made an embankment across the stream in that part of it, in which it curved through his land • and thence conducted the water by an artificial ditch along…
2Cases cited2 opinions
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Dunlop & Co. v. BallSupreme Court of the United States · 1804
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- Mannillo v. GorskiNew Jersey Superior Court Appellate Division · 1968
- Kyle v. Green Acres at Verona, Inc.Supreme Court of New Jersey · 1965