Board of Water Commissioners v. Perry
Supreme Court of Connecticut
Application to the Hon. Milton A. Shumway, a judge of the Superior Court, to determine the compensation to be paid to several riparian owners for the appropriation of their land and riparian rights to public use; facts found and an award of $8,000 made in favor of the respondent, and appeal by him for alleged errors in the rulings of the judge. The application was based upon votes of the plaintiff, under authority of Special Laws, Vol.
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Application to the Hon. Milton A. Shumway, a judge of the Superior Court, to determine the compensation to be paid to several riparian owners for the appropriation of their land and riparian rights to public use; facts found and an award of $8,000 made in favor of the respondent, and appeal by him for alleged errors in the rulings of the judge. The application was based upon votes of the plaintiff, under authority of Special Laws, Vol. VII, p. 157, adopting a plan of its engineer, as described in a certain report, with maps and surveys, on file in its office, for securing an additional water…
1Opinion of the CourtBaldwin, J.
The main claim of the appellant is that he should have been given larger compensation for the impair*467ment of his right to avail himself of his ice-pond as fully as heretofore.
This pond is on Edgecomb brook above its junction with a larger stream, known as Briggs brook. All the water of Briggs brook north of dam No. 2 (which is above this junction), the water board has voted to appropriate. The appellant, as a riparian owner upon both brooks, down to a point below their junction, and of the land lying between them, had a right to connect them by a canal, in order to feed his ice-pond, should he…
2Cases cited2 opinions
- Parker v. GriswoldSupreme Court of Connecticut · 1845
- Mason v. HoyleSupreme Court of Connecticut · 1888
3Cited by4 opinions
- S. O. & C. Co. v. Ansonia Water Co.Supreme Court of Connecticut · 1910
- New York, New Haven & Hartford Railroad v. CellaSupreme Court of Connecticut · 1914
- Ognio v. Elm Farm Milk Co.Supreme Court of Connecticut · 1916
- Rice v. IvesConnecticut Superior Court · 1966