¶1Many of the ancient grants, made to individuals, of the privilege of erecting mills and dams, upon streams of water, are very general and have no lindtation, with respect to the height, they might raise the waters, and flow the country round; they are therefore to be restricted by reason and justice; a grantee by practice fixes limits to his own grant, which he may not afterwards overleap, to the prejudice of another.
1 Root 271
Barret v. Hosmer
Decided March 15, 1791
Supreme Court of Connecticut · decided 1791-03-15
Action for a nuisance; by means of the defendant’s raising his mill-dam and overflowing the plaintiff’s meadow, etc. The defendant plead in bar — A grant from the proprietors of Woodstock, to William Bartholomew, made in April, A. D. 1687, of the privilege of erecting a grist-mill and dam at this place; that a mill and dam were accordingly erected by him, and had ever since been kept up and used by him, and those claiming under him; that his whole right and interest, had…
Decided 1791-03-15