National Fibre Board Co. v. Lewiston & Auburn Electric Light Co.
Supreme Judicial Court of Maine
On report. Action on the case to recover of the defendant the damages for flowage of the plaintiff’s wheels and machinery, in its mill at Minot Corner, by flashboards, 24 inches high, erected upon and across the defendant’s dam, located about five miles below the plaintiff’s mill, on the Little Androscoggin River, in Auburn. The flowage complained of occurred between July 10, 1898, and the date of the writ, March 14, 1899. The case is stated in the opinion.
1Opinion of the CourtEmery, J.
In the latter part of January, 1895, the plaintiff corporation began the erection of a water mill upon its own land and across a non-navigable stream, the Little Androscoggin River, at Minot Corner. At that time, some three miles down the river, there were in existence another water mill and dam across the same river, which had been built in 1888, and were, in January, 1895, and thereafter, leased and operated by the defendant corporation. The plaintiff admits that the defendant thus had the prior and superior right to use the flow and fall of the river to the extent that the solid part of…
2Cases cited8 opinions
- Allison v. ChandlerMichigan Supreme Court · 1863
- City of Teree Haute v. HudnutIndiana Supreme Court · 1887
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- French v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1887
- Noyes v. StillmanSupreme Court of Connecticut · 1855
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3Cited by6 opinions
- De Palma v. WeinmanNew Mexico Supreme Court · 1909
- Bagby v. HodgeCourt of Appeals of Texas · 1927
- Bean v. Central Maine Power Co.Supreme Judicial Court of Maine · 1934
- Chambers v. Spruce Lighting Co.West Virginia Supreme Court · 1918
- McMillan v. NoyesSupreme Court of New Hampshire · 1909
1 more not listed; retrieve them via the Exa API.