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4 U.S. 184

Beissell v. Sholl

Supreme Court of the United States · decided 1800-03

<p> Riparian owners. </p> <p>Every one has a right to use the water passing through his land, as he pleases, provided, he does not injure his neighbor’s mill; and that, after using the water, he returns it to its ancient channel.1</p>

Relies on Carson v. Blazer

Decided 1800-03

¶1Riparian owners.

¶2Every one has a right to use the water passing through his land, as he pleases, provided, he does not injure his neighbor’s mill; and that, after using the water, he returns it to its ancient channel.1

¶5Case, for diverting a water-course. The court left the facts to the jury, under this general statement of the law : “ That every man, in this country, has an unquestionable right to erect a mill upon his own land ; and to use the water, passing through his land, as he pleases ; subject only to this limitation, that his mill must not be so constructed and employed, as to injure his neighbor’s mill; and that, after using the water, he returns the stream to its ancient channel.”(b)

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