Brady v. Blackinton
Massachusetts Supreme Judicial Court
Complaint under Gen. Sts. c. 149, charging that the respondent overflowed the complainant’s meadow by his mill-dam. The respondent pleaded that he had a right to maintain his dam without compensation as high as the centre of a hole drilled into a granite stone set in the ground above the dam; and that the dam had not during the three years preceding the commencement of the suit been raised higher than the centre of the hole.
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Complaint under Gen. Sts. c. 149, charging that the respondent overflowed the complainant’s meadow by his mill-dam. The respondent pleaded that he had a right to maintain his dam without compensation as high as the centre of a hole drilled into a granite stone set in the ground above the dam; and that the dam had not during the three years preceding the commencement of the suit been raised higher than the centre of the hole. At the trial in the Superior Court before Pitman, J., the petitioner having made out a prima facie case, the respondent put in evidence the deed of George Bliss,…
1Opinion of the CourtMorton, J.
The mill acts give to any owner of a mill the right to erect and maintain a dam subject to the regulations contained therein. Among these regulations are provisions, that the *241height to which the water may be raised and the length of time for which it may be kept up in each year, shall be liable to be restricted and regulated by the verdict of a jury ; that any person whose land is overflowed or injured by such dam may obtain compensation upon a complaint to ,the Superior Court to be entered and conducted as provided by the statute; and that no action, except such complaint, shall be sustained…
2Cited by9 opinions
- Lombardi v. BaileyMassachusetts Supreme Judicial Court · 1958
- Neponset Reservoir Corp. v. BashawMassachusetts Appeals Court · 1979
- Brady v. BlackintonMassachusetts Supreme Judicial Court · 1899
- Ludlow Manufacturing Co. v. Indian Orchard Co.Massachusetts Supreme Judicial Court · 1900
- Weinstein v. Lake Pearl Park, Inc.Massachusetts Supreme Judicial Court · 1964
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