Bates v. Weymouth Iron Co.
Massachusetts Supreme Judicial Court
This was an action on the case for making and maintaining a dam in Weymouth across a stream running through the plaintiff’s land, and below the same, and overflowing it. The defendants justified under the mill acts, and contended that an action at common law could not be maintained, but that the plaintiff’s only remedy was by a complaint for a sheriff’s jury to assess the damages.
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This was an action on the case for making and maintaining a dam in Weymouth across a stream running through the plaintiff’s land, and below the same, and overflowing it. The defendants justified under the mill acts, and contended that an action at common law could not be maintained, but that the plaintiff’s only remedy was by a complaint for a sheriff’s jury to assess the damages. The case was submitted to the court upon the following statement of facts: — “ The defendants have a rolling-mill on Back river in Weymouth, with a number of wheels, with as many gates to admit water to the wheels.…
1Opinion of the CourtShaw, C. J.
This case presents a new question under the mill acts. The relative rights of land owners and mill owners are founded on the established rule of the common law, that every proprietor, through whose territory a current of water flows, in its course towards the sea, has an equal right to the use of it, for all reasonable and beneficial purposes, including the power of such stream for driving mills, subject to a like reasonable and beneficial use, by the proprietors above him and below him, on the same stream. Consequently, no one can deprive another of his equal right and beneficial use, by…
2Cases cited1 opinion
- Stowell v. FlaggMassachusetts Supreme Judicial Court · 1814
3Cited by6 opinions
- Craft ex rel. Powell v. WebsterSupreme Court of Pennsylvania · 1833
- Smith v. DyerMassachusetts Supreme Judicial Court · 1819
- Lessee of Perkins v. DibbleOhio Supreme Court · 1841
- Young v. MillerMassachusetts Supreme Judicial Court · 1856
- Brigham v. WinchesterMassachusetts Supreme Judicial Court · 1840
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