Evans v. Merriweather
Supreme Court of Illinois
4 Ill. 492 (1842)
Relevant factsFree
Evans (defendant) obstructed and diverted a stream, cutting off the water supply to Merriweather (plaintiff), a downstream riparian landowner, who needed the water for his manufacturing operations. Evans's laborer, rather than Evans personally, carried out the diversion, though Evans benefited from it. Merriweather sued for the interference with his water rights.
IssueFree
Whether an upstream riparian landowner may divert all of a stream's water away from a downstream riparian landowner when the diversion is for nonessential (artificial) uses rather than essential (natural) needs.