Staple v. Spring
Massachusetts Supreme Judicial Court
The said Staple, in an application to the Common Pleas for this county, alleges that he is owner of a tract of land, which he describes, and that, in the year 1794, the said Spring and one other of the respondents erected a mill-dam, of the height of six feet, across Saco River, for the purpose of working certain saw-mills, whereby the water of the said river is caused to flow back upon the complainant’s said land; that the said saw-mills are now owned by the respondents,…
Read the full summary
The said Staple, in an application to the Common Pleas for this county, alleges that he is owner of a tract of land, which he describes, and that, in the year 1794, the said Spring and one other of the respondents erected a mill-dam, of the height of six feet, across Saco River, for the purpose of working certain saw-mills, whereby the water of the said river is caused to flow back upon the complainant’s said land; that the said saw-mills are now owned by the respondents, who continue the same dam, whereby the complainant’s land is greatly damaged. Wherefore he prays a warrant to the sheriff…
1Opinion of the CourtSewall, J.
To a complaint of damages sustained by the plaintiff" in his meadow land, by reason of a mill-dam erected by two of the respondents, which causes the'water to overflow the complainant’s land, and praying for a jury to regulate the use of the dam, and to determine an assessment of annual damages to be [ * 74 ] paid by the respondents, * the owners of the mills and mill-dam, they plead damages assessed upon a report of referees in an action of the case, and likewise upon a complaint for a nuisance ; and also the verdict of a jury upon a like complaint for damages, in suits heretofore brought by…
2Cases cited1 opinion
- Stowell v. FlaggMassachusetts Supreme Judicial Court · 1814
3Cited by41 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Henry v. Ohio River R.West Virginia Supreme Court · 1895
- Waggoner v. JermaineNew York Supreme Court · 1846
- Jenkins v. Charleston General Hospital & Training SchoolWest Virginia Supreme Court · 1922
36 more not listed; retrieve them via the Exa API.