Barrett v. Rockport Ice Co.
Supreme Judicial Court of Maine
On report. This was an action of trespass for depriving the plaintiff of an ice field on Lily Bay in Rockport and which, having been staked out by him, he claimed to have legally acquired. The facts appear in the opinion.
1Opinion of the CourtVirgin, J.
This is an action for cutting and carrying away more or less of fifteen acres of ice from Lily Pond. The case comes up on report with the stipulation that, if the action is maintainable it is to stand for trial, otherwise a nonsuit to be entered.
The owner of the bed of a mill pond raised by a dam across an unnavigable stream, has as an incident to such ownership the right to cut the ice therefrom whenever the exercise of such right does not appreciably diminish the head of water to the detriment of the mill owner. Stevens v. Kelley, 78 Maine, 445; Paine v. Woods, 108 Mass. 160, 173 ; Higgins…
2Cases cited9 opinions
- Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
- Wood v. FowlerSupreme Court of Kansas · 1882
- People's Ice Co. v. The Steamer "Excelsior."Michigan Supreme Court · 1880
- Hittinger v. EamesMassachusetts Supreme Judicial Court · 1877
- Hickey v. HazardMissouri Court of Appeals · 1877
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3Cited by5 opinions
- Gratto v. PalangiSupreme Judicial Court of Maine · 1958
- Becker v. HallSupreme Court of Iowa · 1901
- E. G. Beechwood Ice Co. v. American Ice Co.U.S. Circuit Court for the District of Maine · 1910
- Bell v. Town of WellsSupreme Judicial Court of Maine · 1989
- Bell v. Town of WellsSupreme Judicial Court of Maine · 1989