479


§  351  BELATION  TO  THIBD  PABTIE8

ises  personally,  yet  an  open,  peaceable,  exclusive  and  adverse
possession  by  means  of  tenants,  under  a  cUum  of  title  in  fee
known  to  the  defendant,  will  support  an  action  against  one
who  claims  only  a  right  of  way.^^

§351.  Action  at  law. — ^The  injury  may  be  of  any  sort
afiFecting  the  soil,  buildings  or  interest  of  the  landlord.  Thus,
a  diminution  of  the  water  supplied  to  the  landlord's  nulls,
though  not  a  cause  of  action  in  itself,  becomes  so  if  the  land-
lord has  leased  the  mills  and  is  obliged  to  reduce  his  rents
in  consequence.*^  And  the  stoppage  of  a  watercourse  which
had  drained  the  plaintiff's  land,  whereby  it  was  rendered
marshy  and  unfit  for  use  and  whereby  a  right  of  way  was
injured,  is  a  ground  of  action.*^  In  such  a  case,  the  fact  that
the  plaintiff  had  an  opportimity  to  drain  into  a  public  sewer
does  not  bar  the  remedy,  though  it  may  diminish  the  dam-
ages.*^ It  is  suflGicient  to  allege  that  the  plaintiff  was  seised
and  possessed  of  a  certain  lot  of  land  from  which  the  water
was  accustomed  to  flow  through  land  of  the  defendant,  with-
out setting  forth  any  title  to  the  watercourse  or  prescriptive
right^i

So,  the  obstruction  of  a  right  of  way  appurtenant  to  land
which  is  occupied  by  a  tenant  at  will  may  be  an  injury  to
the  lessor,  although  it  does  not  injure  the  reversion  nor  cause
a  reduction  in  the  rent.^*  The  court  said  as  to  this  matter  in
one  case:*^  "The  obstruction  might  have  been  prejudicial
to  the  plaintiffs:  for  they  had  a  right  to  enter  at  any  time  to
terminate  the  lease  at  will,  or  to  make  repairs,  and  mig^t
have  been  prevented  from  so  entering  by  the  obstructions,
and  might  thus  be  induced  to  continue  a  disadvantageous
lease,  or  to  suffer  the  tenements  to  be  injured  for  the  want
of  seasonable  repairs."  So,  a  claim  of  a  right  of  way  and  the
erection  of  a  fence  which  closes  doors  and  windows  on  the
premises."*

So,  breaking  and  entering  a  house,  removing  a  blind  and

*«  Thoreau  v,  Palties,  1  Alien,  425.
