Knapp v. Douglas Axe Co.
Massachusetts Supreme Judicial Court
Bill in equity alleging that on the 8th of September 1845 the plaintiff, being the owner of certain land bordering on Mumford River, conveyed to Warren Hunt “ the right and privilege to flow and cover with water any land of the said Moses Knapp which the said Warren Hunt may flow and cover with water by means of a certain dam which the said Warren Hunt is about to erect below the ‘ Lower Privilege,’ so called, and for the purpose of better supplying the same with water, to…
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Bill in equity alleging that on the 8th of September 1845 the plaintiff, being the owner of certain land bordering on Mumford River, conveyed to Warren Hunt “ the right and privilege to flow and cover with water any land of the said Moses Knapp which the said Warren Hunt may flow and cover with water by means of a certain dam which the said Warren Hunt is about to erect below the ‘ Lower Privilege,’ so called, and for the purpose of better supplying the same with water, to any extent to which the said Warren Hunt may raise or maintain a head of water by means of said dam without interfering…
1Opinion of the CourtWells, J.
The first question to be disposed of arises upon the pleadings.
The defendants contend, as the bill charges only a threatened encroachment upon the plaintiff’s rights by a raising of the water, which will set it back upon his land, by means of flash-boards which they have provided for that purpose, and as it appears by the report that “the defendants have no intention of raising the flash-boards above the height at which they were when the bill was filed,” that the prayer for relief, and the relief to be granted upon the bill in its present form, cannot oe so applied as to require a reduction…
2Cited by1 opinion
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923