Legal Opinion

Hamor v. Bar Harbor Water Co.

Supreme Judicial Court of Maine

Decided January 6, 1899PublishedCited by 3 opinions

On Report. This was an action on tbe case for diversion of water from Eagle Lake, a great pond, in Eden, Hancock County, containing five hundred and six acres. The water of Eagle Lake flows into Frenchman’s Bay through Duck Brook, a stream about two miles in length. The plaintiff is tenant of the mill situated at the mouth of Duck Brook, about two miles from Eagle Lake and below the high tide mark of Frenchman’s Bay.

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On Report. This was an action on tbe case for diversion of water from Eagle Lake, a great pond, in Eden, Hancock County, containing five hundred and six acres. The water of Eagle Lake flows into Frenchman’s Bay through Duck Brook, a stream about two miles in length. The plaintiff is tenant of the mill situated at the mouth of Duck Brook, about two miles from Eagle Lake and below the high tide mark of Frenchman’s Bay. The defendant is a corporation created by the Legislature of Maine by charter granted in 1874 and amended in 1895, for the purpose of supplying Bar Harbor and other parts of the…

1Opinion of the CourtHaskell, J.

Eagle lake is a great pond. Defendant company by its charter, Act of 1874, c. 449, was authorized “to take, detain and use the water of Eagle lake and Duck brook, or either of them, in said town of Eden, and is also authorized to erect, maintain dams and reservoirs, and lay and maintain pipes and acqueducts necessary for the proper accumulating, conducting, discharging, distributing and disposing of water and forming proper reservoirs thereof.” It was also authorized to take and hold necessary lands therefor and was required to pay “ all damages that shall be sustained by any persons by the…

2Cases cited2 opinions

  1. Proprietors of Mills on Monatiquot River v. Inhabitants of Randolph, Holbrook, & BraintreeMassachusetts Supreme Judicial Court · 1892
  2. Howe v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1889

3Cited by3 opinions

  1. East Bay Municipal Utility District v. City of LodiCalifornia Court of Appeal · 1932
  2. Balding v. AndrewsNorth Dakota Supreme Court · 1903
  3. In re Barre Water Co.Supreme Court of Vermont · 1900

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