Hutchinson v. Chase
Supreme Judicial Court of Maine
ON Exceptions from Nisi Prius, Rice, J., presiding. Complaint, for flowing land by means of respondent’s dam. The proceedings were commenced under c. 126, R. S. The complainant appeared to be the sole owner of lot No. three, alleged to be damaged by means of the dam. Respondent claimed the right to flow the same by sundry conveyances, through which he claimed the rights originally granted by the Commonwealth of Massachusetts to Edmund Bridge, Robert Page and Brown Emerson.
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ON Exceptions from Nisi Prius, Rice, J., presiding. Complaint, for flowing land by means of respondent’s dam. The proceedings were commenced under c. 126, R. S. The complainant appeared to be the sole owner of lot No. three, alleged to be damaged by means of the dam. Respondent claimed the right to flow the same by sundry conveyances, through which he claimed the rights originally granted by the Commonwealth of Massachusetts to Edmund Bridge, Robert Page and Brown Emerson. In the grant to these persons were included the land where the mills and dam are located and the land flowed. Bridge…
1Opinion of the CourtRice, J.
— By the provisions of § 5, c. 126, R. S., any person sustaining damages in his lands, by their being overflowed by a mill-dam, may obtain compensation for the injury, by complaint to the District Court in the county where the lands so flowed shall be situated, or any part of the same.
Section 9 of same chapter authorizes the owner or occupant of such mill to appear and, plead in bar of such complaint, that the complainant has no right, title or estate in the lands alleged to be flowed; or that he has a right to maintain such dam and flow the lands for an agreed price or without compensation;…
2Cases cited1 opinion
- Farr v. SmithNew York Supreme Court · 1832
3Cited by4 opinions
- Thompson v. GaudetteSupreme Judicial Court of Maine · 1952
- Illinois Steel Co. v. KonkelWisconsin Supreme Court · 1911
- Elmore v. ElmoreSupreme Court of Florida · 1957
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923