Strong v. Benedict
Supreme Court of Connecticut
This was an action of trespass, alleging, that the plaintiffs, on the 4th of December, 1821, owned and possessed an oil mill, in Salisbury, upon a stream of water running out of Long-pond, and a dam upon said stream, made and used by the plaintiffs, for the purpose of conducting water from said stream to the said oil mill, to propel the same ; and that the defendants, with force and arms, broke down and entirely destroyed the said dam ; whereby the plaintiffs were greatly…
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This was an action of trespass, alleging, that the plaintiffs, on the 4th of December, 1821, owned and possessed an oil mill, in Salisbury, upon a stream of water running out of Long-pond, and a dam upon said stream, made and used by the plaintiffs, for the purpose of conducting water from said stream to the said oil mill, to propel the same ; and that the defendants, with force and arms, broke down and entirely destroyed the said dam ; whereby the plaintiffs were greatly injured, and their said oil mill rendered useless. The, cause was tried, on the general issue, at Litchfield, August term,…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiffs are the owners of a tract of four acres of land, with an oil mill upon it, and likewise of a dam across a stream of water, called the little dam; and they claim, that the defendants tore down the dam, and, by privation of the water, rendered their oil mill useless.
It appears, that the defendants took up the gate at the East side of the little dam, and diverted the water from the plaintiffs’ oil mill, permitting it to run in its natural channel to the defendants’ grist mill; but the plaintiffs’ right to the water, for the purpose of working the oil mill, they deny.
I…
2Cases cited1 opinion
- Biglow v. BattleMassachusetts Supreme Judicial Court · 1818
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- Adams v. WarnerSupreme Court of Vermont · 1851
- Ocean Beach Realty Co. v. City of Miami BeachSupreme Court of Florida · 1932
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