Brooks v. Cedar Brook & Swift Cambridge River Improvement Co.
Supreme Judicial Court of Maine
Report, oh facts agreed. The defendant company is a duly organized corporation under its charter, and by virtue thereof, has made extensive improvements in the streams named in it, for the purpose of facilitating the driving of logs. Among other improvements, the company built a dam across the Swift Cambridge river, at a point about four miles, as the river runs, above the plaintiff’s land in Grafton. A head of about five feet of water can be obtained by the dam.
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Report, oh facts agreed. The defendant company is a duly organized corporation under its charter, and by virtue thereof, has made extensive improvements in the streams named in it, for the purpose of facilitating the driving of logs. Among other improvements, the company built a dam across the Swift Cambridge river, at a point about four miles, as the river runs, above the plaintiff’s land in Grafton. A head of about five feet of water can be obtained by the dam. The gate in the dam is about seven feet wide. Log-owners who have landed their logs on said river above the plaintiff’s land, have…
1Opinion of the CourtEmbry, J.
Facts agreed. Swift Cambridge Fiver in Maine is a non-tidal stream, but is capable in its natural state of floating to market, logs and other products of the forest, and hence is a public highway for all the people of the state. Brown v. Chadbourne, 31 Maine, 9. The legislature authorized the defendant company, among other things, to build dams across this river for the purpose of facilitating the driving of logs, and improving the navigation. Special laws of 1877, c. 106. The defendant company in pursuance of its charter, and for the purposes named, built a dam across the river, about four…
2Cases cited3 opinions
- Emerson v. GoodwinSupreme Court of Connecticut · 1833
- Green v. SwiftCalifornia Supreme Court · 1874
- Henry v. Vermont Central RailroadSupreme Court of Vermont · 1858
3Cited by7 opinions
- Burnett v. Alabama Power Co.Supreme Court of Alabama · 1916
- Kamm v. NormandOregon Supreme Court · 1907
- Seaboard Air-Line Railway v. SikesCourt of Appeals of Georgia · 1908
- Sester v. Belvue Drainage DistrictSupreme Court of Kansas · 1946
- Michalka v. GREAT NORTHERN PAPER COMPANYSupreme Judicial Court of Maine · 1955
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