Robertson v. Lewie
Supreme Court of Connecticut
Action for an injunction against the further obstruction of an ancient drain or ditch, and for damages, brought to and tried by the Court of Common Pleas in Hartford County, Coats, J.; judgment granting an injunction and awarding $15 damages.
1Opinion of the CourtBaldwin, J.
The sole objection to the judgment of the Court of Common Pleas is that no case was made out for equitable relief.
The plaintiff and her predecessors in title had for nearly fifty years maintained and used, under an adverse claim of right, a ditch upon their land two feet wide and equally deep, through which it was drained; the water being discharged upon land of the defendant. This outlet the defendant had obstructed by constructing, two months before the action, and ever since maintaining a driveway across it, upon his land, which he claimed the right to maintain. The damage already caused…
2Cases cited1 opinion
- Smith v. KingSupreme Court of Connecticut · 1892
3Cited by17 opinions
- Hartford Division, Emhart Industries, Inc. v. Amalgamated Local Union 376Supreme Court of Connecticut · 1983
- Berin v. OlsonSupreme Court of Connecticut · 1981
- Hammerberg v. LeinertSupreme Court of Connecticut · 1946
- Burroughs Wellcome & Co. v. Johnson Wholesale Perfume Co.Supreme Court of Connecticut · 1942
- Sisters of St. Joseph Corp. v. Atlas Sand, Gravel & Stone Co.Supreme Court of Connecticut · 1935
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