Bierce v. Sharon Electric Light Co.
Supreme Court of Connecticut
Action for an injunction and for damages on account of injuries to the plaintiff’s premises claimed to have been caused by the wrongful raising and lowering of the waters of a certain pond, brought to the Superior Court in Litchfield County and tried to the court, Shumway, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings and findings of the court. The case is sufficiently stated in the opinion.
1Opinion of the CourtAndrews, C. J.
Mudge Pond is a natural pond situated in the town of Sharon. The plaintiff is the owner of certain lands bordering on that pond on its north and west sides. He is engaged in the business of keeping a boarding-house for summer boarders. The defendant is the owner of the land at the south end of the pond, with a dam thereon which controls the outflow of the waters of the pond.
The complaint charges that the defendant has so managed the outflow from the pond that at times the water has been held back till it was raised greatly higher than its ordinary or natural level, so that the land of the…
2Cases cited1 opinion
- Neilson v. Hartford Street Railway Co.Supreme Court of Connecticut · 1896
3Cited by4 opinions
- Perrin v. Crescent City Stockyard & Slaughterhouse Co.Supreme Court of Louisiana · 1907
- Dewitt v. BissellSupreme Court of Connecticut · 1905
- Labbadia v. BaileySupreme Court of Connecticut · 1959
- Schlaifer v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1915