Farrell v. Richards
New Jersey Chancery Court
30 N.J.Eq. 511 (1879)
- Written by Curtis Parvin, JD
Facts
For over fifty years, William Farrell and Lucius Warren (plaintiffs) operated mills on their property. The flow of Forge Stream supplied a pond—Forge Pond—that, in turn, was used to power the mills. Augustus Richards (defendant) owned nearby upstream property through which Forge Stream flowed. In 1876, Richards constructed a large ditch and a dam to divert water to irrigate his cranberry fields. Farrell and Warren noticed a significantly diminished water flow to their mills, which caused a diminution in their water-power capabilities. Farrell’s and Warren’s investigation led to the discovery of Richards’s new water diversion as the cause. Farrell and Warren filed an action in the equity court to enjoin Richards’s operation and declare his dam a nuisance.
Rule of Law
Issue
Holding and Reasoning (The Chancellor)
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