Wooster v. Great Falls Manufacturing Co.
Supreme Judicial Court of Maine
ON EXCEPTIONS from Nisi Prius, Shbpley, C. J., presiding. Case to recover damages for flowing land. Salmon Falls river is the boundary line between Maine and New Hampshire. The defendants are a corporation under an Act of New Hampshire, and are also recognized as such by an Act of Maine.
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ON EXCEPTIONS from Nisi Prius, Shbpley, C. J., presiding. Case to recover damages for flowing land. Salmon Falls river is the boundary line between Maine and New Hampshire. The defendants are a corporation under an Act of New Hampshire, and are also recognized as such by an Act of Maine. Across this river, in August, 1846, they commenced to build a dam upon their own land, and finished it in the autumn of 1848. They built a grist.mill in 1847, in Somersworth, N. H., which was operated by means of this dam, but none whatever in this State. The plaintiffs, in November, 1846, built a dam across…
1Opinion of the CourtAppletoN, J.
It appears that the defendants built a dam across the Salmon Palls river, on their own land, and erected a grist-mill connected therewith, and receiving its power from the water flowed thereby. The river, at the place where the dam was built, is the boundary line between this State and New Hampshire. The mill is in Somersworth, in the latter State. The land of the plaintiff in Berwick, in this State, having been flowed and his real estate injured by the defendants’ dam, he brought an action on the case against the defendants to recover damages for the injuries thereby sustained.
The law seems…
2Cases cited4 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Livingston v. JeffersonU.S. Circuit Court for the District of Virginia · 1811
- Stowell v. FlaggMassachusetts Supreme Judicial Court · 1814
- Watts' Administrators v. KinneyNew York Supreme Court · 1840
3Cited by6 opinions
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Illinois v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
- Sheehan v. AshDistrict Court, N.D. West Virginia · 2017
- Holyoke Water-Power Co. v. Connecticut River Co.U.S. Circuit Court for the District of Connecticut · 1884
- People of the State of Illinois, and People of the State of Michigan, Intervening v. City of Milwaukee, the Sewerage Commission of the City of Milwaukee and the Metropolitan Sewerage Commission of the County of Milwaukee, Defendants- William J. Scott, on His Own Behalf and on Behalf of All Persons Similarly Situated v. City of Hammond, Indiana United States Environmental Protection Agency Douglas M. Costle, Administrator of the United States Environmental Protection Agency and the Hammond-Munster Sanitary District, and People of the State of Illinois and the Metropolitan Sanitary District of Greater Chicago, a Municipal Corporation v. The Sanitary District of Hammond, a Municipal Corporation Joseph A. Perry Thomas C. Conley Gilbert De Lancy Theodore Dunajeski and the City of Hammond, Indiana, a Municipal CorporationCourt of Appeals for the Seventh Circuit · 1984
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