[watercourse, interfering with - riparian rights]

Hayes v. Espie

Supreme Court of Van Diemen's Land

Pedder C.J. and Montagu J., 7 April 1835

Source: Hobart Town Courier, 10 April 1835

This was the first day of the Court sitting in banco.

Hayes and another v. Espie. - This was an action for obstructing a water-course, whereby the plaintiff's mill was prevented working. The Attorney General moved on behalf of the defendant for a nonsuit, on the ground that the water-course was not in the natural course of the stream, but was an artificial one made by the defendant on his own land, and that consequently he had a right to alter it at any time. Rule to shew cause granted.

Pedder C.J. and Montagu J., 21 April 1835

Source: Hobart Town Courier, 1 May 1835

The rule nisi for a nonsuit obtained by the Attorney General in this case was discharged, and a rule nisi why a new trial should not be had was granted.