Whipple v. Cumberland Manuf'g Co.
U.S. Circuit Court for the District of Maine
Action on the case for flowing back the water of the river Presumpscot, in the town of Gorham, Maine, to the injury of the rights of the plaintiff [Oliver M. Whipple], as a riparian proprietor, and also to the injury and obstruction of the plaintiff’s mills, situated at or near Gambo Falls, on the same river.
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Action on the case for flowing back the water of the river Presumpscot, in the town of Gorham, Maine, to the injury of the rights of the plaintiff [Oliver M. Whipple], as a riparian proprietor, and also to the injury and obstruction of the plaintiff’s mills, situated at or near Gambo Falls, on the same river. The declaration contained various counts, alleging the gravamen in various ways, in some of which the injury was asserted to be by flowing back the water, so as to obstruct the plaintiff’s mills in their due operation, and in others, an injury also to the lands of the plaintiff, as a…
1Opinion of the Court
STORY, Circuit Justice,
in summing up to the jury, after stating the various facts offered in evidence by the parties, said; The real question between the parties is, whether the water is now flowed back by the defendants upon the plaintiff’s lands and mills, or upon either of them, higher and further than the Knight dam had formerly flowed it back. One means of ascertaining this is to ascertain whether the new dam, now erected on the Knight dam, is higher than the old dam; for if it is, that will, of itself, afford a strong inference, that the water is flowed back higher and further; for…
2Cases cited1 opinion
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
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