Twiss v. Baldwin
Supreme Court of Connecticut
This was an action on the case for an infringement of the plaintiffs’ right to the use of water. The action was commenced on the 28th of June, 1830. The declaration contained two counts.
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This was an action on the case for an infringement of the plaintiffs’ right to the use of water. The action was commenced on the 28th of June, 1830. The declaration contained two counts. In the first, the plaintiff's averred, that they owned and possessed a clock manufactory and a race-way and water-course, in Meriden, on a stream of water there flowing, called the Harbour, and running through a certain tract of land of the plaintiffs ; that the plaintiffs had the right to use and enjoy the water in said stream, and that the same should flow, without interruption, over and through their said…
1Opinion of the CourtWilliams, J.
The defendants claim anew trial, because the declaration contains no allegations sufficient to support the verdict; and that the proof does not support those allegations, They also claim, that the charge was' incorrect, in omitting to express opinions to the jury on some points, and in expressing incorrect opinions on others.
Is the declaration sufficient ? The first count shews, that tiic plaintiffs had, and of right ought to have, certain buildings and a manufactory and a water-course leading thereto, by a race-way; and that the defendants wrongfully and maliciously prevented the water from…
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