Evans v. Merriweather
FACTS
Upstream owner built dam across river on which he owned mill to increase amt. of water available for steam power. Downstream mill owner across same river left with insufficient flow and sued to obtain damages and injunction.
ANALYSIS/RULES
-Ct first looks at early cases “ex jure naturae” which held no disruption of natural flow. Some more strictly held no diminution
-Ct draws distinction btwn natural use of water and artificial usage. Can you as much as need for natural, but for artificial must be reasonable.
-Ct rejects natural flow idea and accepts reasonable use doctrine. balancing test (case by case) to be decided by the jury.
factors:
-purpose of use, suitability of use, economic value, social value, extent/amt. of harm, ability to avoid/mitigate/use other methods, investment, justice
-Where stream is small, and doesn’t supply water more than sufficient to answer the natural wants of the diff. proprietors living on it, none can be used for art., but where not wanted for nat. but not sufficient for each proprietor, then must be reasonable. Reasonable to be decided by jury—here def. not since upstream used all.
Reasonable use theory is majority—“East Coast Rule”—leads to more litigation—water not as big an issue on the E. Coast
FACTS
Upstream owner built dam across river on which he owned mill to increase amt. of water available for steam power. Downstream mill owner across same river left with insufficient flow and sued to obtain damages and injunction.
ANALYSIS/RULES
-Ct first looks at early cases “ex jure naturae” which held no disruption of natural flow. Some more strictly held no diminution
-Ct draws distinction btwn natural use of water and artificial usage. Can you as much as need for natural, but for artificial must be reasonable.
-Ct rejects natural flow idea and accepts reasonable use doctrine. balancing test (case by case) to be decided by the jury.
factors:
-purpose of use, suitability of use, economic value, social value, extent/amt. of harm, ability to avoid/mitigate/use other methods, investment, justice
-Where stream is small, and doesn’t supply water more than sufficient to answer the natural wants of the diff. proprietors living on it, none can be used for art., but where not wanted for nat. but not sufficient for each proprietor, then must be reasonable. Reasonable to be decided by jury—here def. not since upstream used all.
Reasonable use theory is majority—“East Coast Rule”—leads to more litigation—water not as big an issue on the E. Coast
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