NAGLE v. MILLER

29 VLR 765·MADDEN C.J., HODGES, and HOOD, JJ.
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29 VLR 765
29 VLR 765
NAGLE v. MILLER Supreme Court of Victoria (Full Court) MADDEN C.J., HODGES, and HOOD, JJ. June 8, 9, 10 June 1904 Watercourse — Riparian owners — Rights of riparian owners — Obstructions in the alveus of a stream — Dam erected by riparian owner for the purpose of irrigation — Weir erected by riparian owner at bed level to prevent the erosion of the bed — Obstruction causing no appreciable damage — Right to nominal damages — Right to injunction — Right to preserve the bed of a stream from the operations of nature — Title ad medium filum fluminis — Trespass .

A dam erected by the defendant across a stream from his land and on to the lower end of the plaintiff’s land obstructed the flow of the stream sufficiently to enable the defendant to irrigate his land, but it did no appreciable damage to the plaintiff:

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