Williams v. Nelson
Massachusetts Supreme Judicial Court
This was a complaint against the respondents, who were mill-owners, for flowing the complainant’s land. The parties stated a case.
Read the full summary
This was a complaint against the respondents, who were mill-owners, for flowing the complainant’s land. The parties stated a case. The respondents proved, that their mill was built m 1783 , that from that time until 1826, they had flowed the land of the complainant ; that from 1826 to 1835 the mill was not in operation, and all the valuable parts of it were removed, except the wheel and floom and a portion of the pillars ; that it was rebuilt in 1835 and again went into operation in 1836 ; and that no damage was ever paid by the owners of the mill, for such flowage, either to the complainant…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. This is a case upon the statute, for flowing, by the respondents’ mill-dam ; and the question is, whether they can defend, by showing that they have kept up their mill and flowed the land in question more than forty years, without payment or claim for damages, on the part of the present complainant, or those under whom he claims. I state the question thus, because, from the general tenor of the report, and from the course of the argument, I so understand the case ; although construing the report literally, it is only, that the respondents, during…
2Cases cited2 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
3Cited by1 opinion
- Whitehair v. BrownSupreme Court of Kansas · 1909