Stratton v. Mt. Hermon Boys’ School

Facts

The Mt. Hermon Boys’ School is not connected with Defendant’s land, but is about a mile away and in a different watershed. There were 525 students at the school along with over 100 staff, 103 cattle, 28 horses, and 90 swine. The evidence adduced at the trial tended to show that the diversion caused a substantial drop in the flow of the stream. Thus, the Plaintiff had less water with which to power his mill than he would have had but for the Defendant’s diversion. Defendant requested that the fact that the water was being diverted to the school over a mile away from the stream not be considered. Instead it requested that the only consideration be whether the Defendant had diverted an unreasonable quantity of water under all the circumstances. The lower court denied Defendant’s request, and gave an instruction, which limited the Defendant’s right to water to that land immediately adjoining the stream and did not extend to other, non-connected properties. The lower court also ins tructed the jury that if the Defendant did divert the water for use on another non-connected property, then the Plaintiff was entitled to recover nominal damages even though Plaintiff may not have suffered an actual loss.