Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 77

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 77

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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. 1886 edition. Excerpt:, whatever liability the law casts upon it towards the public can neither be increased nor diminished at the will or desire of any shareholder. Its functions are to faciliate the lumber navigation of the Androseoggin waters, and as an equivalent for the collecting of tolls it must yield its whole resources to that end and purpose. Nor is it material, who are the owners of the lands upon which the dams are built, so long as the defendant company maintains them for the purposes expressed in its charter. If in order to acquire the right to maintain the dams, the defendant became under obligations modifying its full and complete control and use of the water for the purposes expressed in its charter, such obligations might have to be regarded, because its tenure would be subject to such limited use. No evidence of this sort has been excluded. The defendant simply offered in this behalf to show that another was the owner of the land upon which its dams are built. That naked fact has no bearing upon the issue decided by the jury. The evidence excluded does not tend to prove any material fact in defense of the plaintifl"s case. That the Union water power company was authorized by the legislature to acquire and hold the stock of defendant company does not in any degree modify, or change the functions of the corporation. Itsduties and obligations continue the same that its charter under the law originally imposed; and so long as it continues to exercise corporate functions under its charter, it must do so in accordance with its terms, burdened with those duties and obligations which the law imposes. True it is, that the mill owners below, as riparian proprietors, may require of the defendant the natural flow of the waters of the stream...
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Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236787676
  • 9781236787675