Merritt v. Parker
Supreme Court of New Jersey
This was an action on the case, brought to recover damages sustained by the plaintiff in consequence of obstructions raised in a water course.
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This was an action on the case, brought to recover damages sustained by the plaintiff in consequence of obstructions raised in a water course. The cause was tried at the Burlington Nisi Prius, in August, 1795, before Kinsey, C. J., and Smith, J. The declaration stated that the plaintiff, on the 1st of October, 1793, was seized and possessed of a newly erected sawmill, with its appurtenances, in the township of Northampton, situated on the soil and freehold of the plaintiff, adjoining to a certain stream or rivulet, running and flowing to this sawmill, of which stream of water he was entitled…
1Opinion of the Court
Kinsey, G. J.,
delivered the following charge to the jury, which was fully concurred in by Smith, J.:
The action which you have been impaneled to try is an action on the case, in which the plaintiff declares that, on the 1st of October, 1793, he was possessed of a newly erected saw-mill, on his own soil and freehold, and adjoining to a certain stream running and flowing through the same, of which rivulet he ought to have the free and uninterrupted use, for the purpose of turning his mill; that the defendant, on the said first of October, and at divers times between that day and the 1st of…
2Cases cited3 opinions
- Palmer v. MulliganNew York Supreme Court · 1805
- Sackrider v. BeersNew York Supreme Court · 1813
- Beissell v. ShollSupreme Court of the United States · 1800