Curtiss v. Smith
Supreme Court of Connecticut
Petition under the flowage act by the owner of an existing mill, for the privilege of raising his dam and flowing the lands of the respondent.
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Petition under the flowage act by the owner of an existing mill, for the privilege of raising his dam and flowing the lands of the respondent. The respondent in his answer, in addition to a general denial, averred “that, at the time of said complaint, and long before, and ever since, the respondent hath been, and was, and is the owner of a mill-site on the same stream and above the said mill of the petitioner, on which mill-site of the respondent a mill and mill-dam have been lawfully erected and used, and the right to maintain which has not been lost or defeated by abandonment or otherwise ;…
1Opinion of the CourtPark, J.
This case depends upon the construction to be given to the 390th section of title 1st, Revised Statutes, p. 90, which is a part of the enactment known as the Flowage Act, and is as follows: “ No such dam shall be erected to the injury of any mill, lawfully existing either above or below it, on the same stream, or to the injury of any mill-site on the same stream on which a mill or mill-dam shall have been lawfully *158erected and used, unless the right to maintain a mill on such last mentioned site shall have been lost or defeated by abandonment or otherwise.” It appears from the finding of the…
2Cited by5 opinions
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- Elting Woolen Co. v. WilliamsSupreme Court of Connecticut · 1869
- State v. . SuttonSupreme Court of North Carolina · 1905
- State v. SuttonSupreme Court of North Carolina · 1905
- State v. SuttonSupreme Court of North Carolina · 1905