Johnson v. Lewis
Supreme Court of Connecticut
This was an action on the case for the obstruction of a water-course. The cause was tried at Norwich, March term, 1839, before Bissell, J. The plaintiff’s mill is situated on the Okseboksee brook ; and the defendant has a cotton mill on the same stream, a little above. On the site of the defendant’s cotton mill, there was, formerly, a grist mill, with a slight dam, barely sufficient to turn the water into a canal, by means of which the grist mill was operated.
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This was an action on the case for the obstruction of a water-course. The cause was tried at Norwich, March term, 1839, before Bissell, J. The plaintiff’s mill is situated on the Okseboksee brook ; and the defendant has a cotton mill on the same stream, a little above. On the site of the defendant’s cotton mill, there was, formerly, a grist mill, with a slight dam, barely sufficient to turn the water into a canal, by means of which the grist mill was operated. In the year 1825, one Richards, under whom the defendant claims, erected said cotton mill, built the dam anew, and raised it from six…
1Opinion of the CourtSherman, J.
This motion complains of the charge as erroneous, in three particulars. I. In not directing the jury that certain facts, which the defendant adduced testimony to prove, on the trial, amounted to a license. The silence of Nathan Comstock, under whom the plaintiff claims, when he was present, during the erection of the dam, and the opinion he is said to have expressed, that the dam would be beneficial to his mill, are, at most, but evidence of a license to erect the *307dam. The same may be said of the declaration of the plaintiff himself, that'he was satisfied with the manner in which the…
2Cases cited1 opinion
- Buddington v. BradleySupreme Court of Connecticut · 1834
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- Conhocton Stone R. v. . B., N.Y. E.R.R. Co.New York Court of Appeals · 1873
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