Legal Opinion

Mann v. Wilkinson

U.S. Circuit Court for the District of Rhode Island

Decided November 15, 1835PublishedCited by 1 opinion

This was a bill in equity [by Samuel F. Mann and others] for an abatement of a nuisance to the cotton mills of the plaintiff, situate on the Blackstone river, by the defendants [George Wilkinson and others], by raising the dam of a mill, called the “Albion Mill,” lower down on the stream, and thereby flowing back the water upon the plaintiff’s mill-wheel. At a former hearing the court made an interlocutory decree, by which the cause was referred to a master.

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This was a bill in equity [by Samuel F. Mann and others] for an abatement of a nuisance to the cotton mills of the plaintiff, situate on the Blackstone river, by the defendants [George Wilkinson and others], by raising the dam of a mill, called the “Albion Mill,” lower down on the stream, and thereby flowing back the water upon the plaintiff’s mill-wheel. At a former hearing the court made an interlocutory decree, by which the cause was referred to a master. The master made his report at the last June term of the court; to which exceptions were taken by both parties. The cause was afterwards…

1Opinion of the Court

STORY, Circuit Justice.

On full consideration of all the exceptions taken by the parties, we are of opinion, that they ought all to be overruled, and the report of the master ought to be confirmed. "We do not propose to give an elaborate opinion upon all the matters of the exceptions, as they would not be very intelligible without going at large into all the various topics asserted in the arguments at the bar, which would occupy too much time. It is sufficient to say, that we have most deliberately weighed them all; and are satisfied, that no one of them, with reference to the pleadings, and…

2Cited by1 opinion

  1. Ronayne v. LorangerMichigan Supreme Court · 1887

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