Wood v. Edes
Wood v. Edes
Opinion of the Court
The case stated in the plaintiffs’ bill, and opened in argument upon the proofs, presents nothing but a reasonable use of the water by the defendant as a riparian proprietor, and therefore fails to show any wrong done to the plaintiffs, for which they are entitled to relief. We are of opinion that to retain the water by a dam for the purposes of' a fish-pond, constantly maintained, and therefore allowing the natural flow of the water to pass unimpeded to the plaintiff’s mill, is a just and reasonable exercise of the defendant’s right to use the water as it passes through his land. In the absence of any grant, prescription or contract, the plaintiffs have no legal right to use the defendant’s land as a reservoir, except so far as the erection of their mill-dam may necessarily cause the water to flow back upon it; and the right to cause it thus to flow cannot restrain the defendant from making a reasonable use of the water on his own land, provided he returns it all to its natural channel when it leaves his land, and allows it to flow thence regularly to the plaintiffs’ land below.
The other ground on which the bill seeks for relief is equally untenable. The plaintiffs aver that, trusting to a license from the defendant to use and regulate the flow of water through
Bill dismissed with costs.
Reference
- Full Case Name
- Nathaniel Wood & another v. Oliver Edes
- Status
- Published