Legal Opinion

Inhabitants of Monmouth v. Plimpton

Supreme Judicial Court of Maine

Decided December 7, 1885PublishedCited by 2 opinions

On report. The same question is presented in each case, and is fully stated in the opinion. in the first action. in the second action. The counsel for plaintiffs cited : Reed v. Reed, 9 Mass. 372 ; Andrews v. Boyd, 5 Maine, 199; Butterfield v. Haslcins, 33 Maine, 395; Gleason v. Fayerweather, 4 Gray, 348 ; Reed v. Proprietors, 8 How.

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On report. The same question is presented in each case, and is fully stated in the opinion. in the first action. in the second action. The counsel for plaintiffs cited : Reed v. Reed, 9 Mass. 372 ; Andrews v. Boyd, 5 Maine, 199; Butterfield v. Haslcins, 33 Maine, 395; Gleason v. Fayerweather, 4 Gray, 348 ; Reed v. Proprietors, 8 How. (N. Y.) 274; Mason v. White, 11 Barb. 173; Harvey v. Mitchell, 31 N. H. 575; Bosworth v. Sturtevant, 2 Cush. 392; Stone v. Stone, 116 Mass. 279; Hoffman v¡ Riehl, 27 Mo. 554; Andrews v. Murphy, 12 Ga. 431; Pike v. Munroe, 36 Maine, 309; Littlefield v. Winslow, 19…

1Opinion of the CourtPostee, J.

This is a complaint for flowage. It is a statutory proceeding. To be entitled to maintain it, the complainant must show that the conditions of the statute have been complied with. The only condition concerning which there is any controversy, and the only question involved in this case, is whether the dam which causes the flowing is erected and maintained on land of the defendants.

It is admitted that defendants own a mill, mill privilege and dam, on tile stream some ways below the one in question, which is a reservoir dam built and maintained by the defendants for the purpose of supplying…

2Cases cited3 opinions

  1. Sheets v. Selden's LesseeSupreme Court of the United States · 1865
  2. Smith v. SmithMassachusetts Supreme Judicial Court · 1812
  3. Ludlow v. DaleCourt for the Trial of Impeachments and Correction of Errors · 1796

3Cited by2 opinions

  1. Johnson Irrigation Co. v. IvoryWyoming Supreme Court · 1933
  2. Northern Ohio Traction & Light Co. v. Quaker Oats Co.Ohio Supreme Court · 1926

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