Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 40

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 40

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ...and thereby exclude the mill-owner from making it a depository of lumber for his mills. BILL IN EQurrY, praying that defendants might be enjoined from completing piers upon their land overflowed by a mill-dam, and from constructing booms upon the mill-pond where the complainants had been accustomed to boom the logs for supplying their mills. There was a hearing of the case at Nisi Priu-s, before HATHAwAY, J., when a temporary injunction was granted. The respondents subsequently filed a demurrer to the bill, and the case came up for argument before the full Court. All the essential facts in the case are stated in the opinion of the Court. The question was as to the rights of the riparian proprietor to the use of his land overjlowed by a dam fora water-mill, for his own exclusive benefit, but not inconsistent with the raising and using the water for the operation of the mill. ' Rowe cents /' Bartlett, for complainants. The plaintiffs as owners of two mills upon this dam, under the deeds set forth in the bill, had a right to the use of two-fifths of the mill-pond created by the erection of the dam. The riparian proprietors, as such, had no rigbtto the use of the water thus flowed back by the dam and retained for the use of the mill. The owners of the mills are the lessees, by force of the statute, or otherwise, of so much of the land of the riparian proprietor, as is covered by the.pond. The accumulated waters are for the mill. If the riparian proprietor grant to a mill owner the right to raise a head of water for his mill, by flowing back on the grantor's land, such grant carries with it, the exclusive right to the use of the pond thus raised, so far as the same may be necessary for the purposes of the mill. Broom's Legashow more

Product details

  • Paperback | 202 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236827236
  • 9781236827234