Smedberg v. Moxie Dam Co.

On appeal. This is a bill in equity by the owner of a hotel and sporting camps to enjoin the rais ing and lowering of the waters of Lake Moxie, a great pond, at certain seasons of the year by means of the defendant’s dam at the outlet. Mr. Smedberg is the only plaintiff, although the bill was brought “in behalf of himself, and others similarly situated who may wish to join. . . .” After hearing on bill and demurrers, both general and special, the single justice entered a decree sustaining the demurrers and dismissing the bill from which the plaintiff appealed.

The issue is: Assuming the truth…