Stratton v. Mt. Hermon Boys’ School

Stratton (plaintiff) owned a mill downstream from Mt. Hermon Boys' School (defendant), which pumped stream water to non-riparian land for school purposes. Stratton sued, claiming the diversion unlawfully reduced the water available to power his mill wheel; the trial court instructed the jury that Mt. Hermon's diversion rights were limited to riparian land and that any diversion to non-riparian land entitled Stratton to relief even without proof of actual damages. The jury found for Stratton, and Mt. Hermon appealed.