Legal Opinion

Porter v. Witham

Supreme Judicial Court of Maine

Decided June 15, 1840PublishedCited by 5 opinions

This is a bill in equity, praying for a writ of injunction, commanding the respondents to stay all further proceedings in the erection of a dam across the Sandy River, and to remove the part erected, as a nuisance. The case will be sufficiently understood from the statement of facts found in the opinion of the Court.

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This is a bill in equity, praying for a writ of injunction, commanding the respondents to stay all further proceedings in the erection of a dam across the Sandy River, and to remove the part erected, as a nuisance. The case will be sufficiently understood from the statement of facts found in the opinion of the Court. The arguments of the counsel were chiefly in relation to the rights of the parties to their respective mill privileges, and their priority of right to erect mills; but that portion only which is pertinent to the question decided by the Court will be noticed. contended, that to…

1Opinion of the Court

The opinion of the Court, was prepared by

Shepley J.

It appears from the bill, answer and proof, that there is a place in the Sandy River, in the town of Strong, called the rocky reach, where there may be a mill site, but the fall of the water is not sufficient to allow of more than one. It is gradual, and extends some distance in the river over the lands owned by both these parties. No mill or dam was in existence there in the spring of the year 1838. Early in that season, the defendants appear to have contemplated building one, and on the 28th of June they commenced digging in the bank, and…

2Cited by5 opinions

  1. Wason v. SanbornSupreme Court of New Hampshire · 1862
  2. Burnham v. KemptonSupreme Court of New Hampshire · 1860
  3. Clarke v. ThatcherMissouri Court of Appeals · 1881
  4. Coe v. Winnepisiogee Lake Cotton & Woolen Manufacturing Co.Supreme Court of New Hampshire · 1858
  5. Parker v. Winnipiseogee Lake Cotton & Woolen Manuf'g Co.U.S. Circuit Court for the District of New Hampshire · 1859

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