[water rights]

Degraves v. Wright

Supreme Court of Van Diemen's Land

Pedder C.J., 14 September 1838

Source: True Colonist, 21 September 1838[1]

This was an action brought by Mr. P. Degraves, proprietor of the Cascade Mills, against Constable Wright, commonly called the tulip, for the outrage committed on Mr. Degraves' property by breaking down his mill dam on the plea that it stopped the water from flowing in the town rivulet. In consequence of the sluice of the dam being destroyed, a flood came down the troughs and broke to pieces the mill wheel and destroyed the machinery, which had previously been much injured by exposure to the sun. It was proved that the damming of the water was an advantage rather than an injury to the supply in the rivulet, because its accumulation in the night considerably increased the quantity that flowed by day, and prevented a great loss from evaporation.

The Jury found a verdict for the plaintiff -- Damages £600. There was some point reserved for the Judges, as to whether the plaintiff was entitled to the amount of £100 for damages sustained in consequence of the sluice not being replaced. This verdict has given universal satisfaction.

Wright of course was but a nominal plaintiff, and the damages and costs must fall upon the government, under whose authority Wright acted.

Wright has left the colony, and is, we understand, Chief Constable at Port Phillip.