Gray v. Saco Water Power Co.
Supreme Judicial Court of Maine
Agreed statement. This was an action for the diversion of water. The parties stated their case Avhich appears in the opinion of the court.
1Opinion of the CourtVirgin, J.
In 1783, there was erected across the outlet of Moose pond a dam ten feet in height over which the Avater usually flowed in spring and fall.
On August 1, 1832, and for fifty years at least prior thereto, Barnabas Bracket owned the pond, dam and mills thereon, together with the adjoining territory. The Avater thus raised,— except so much thereof as was temporality used in the spring for slipping logs,— was exclusively used for running the mills.
On August 1, 1832, Bracket conveyed about one half acre of land, situated a short distance below the dam, to one Berry, the plaintiff’s father, Avho…
2Cases cited5 opinions
- Smoot's CaseSupreme Court of the United States · 1873
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Canal Co. v. HillSupreme Court of the United States · 1872
- Whitney v. Wheeler Cotton MillsMassachusetts Supreme Judicial Court · 1890
- Avon Manufacturing Co. v. AndrewsSupreme Court of Connecticut · 1862
3Cited by2 opinions
- National Park Bank v. Concordia Land & Timber Co.Supreme Court of Louisiana · 1925
- Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906