Perry v. Binney
Massachusetts Supreme Judicial Court
Complaint under the mill act, Gen. Sts. c. 149, for flowing the complainant’s meadows by the respondent’s dam from January 1,1867, to July 18,1867, the date of the complaint.
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Complaint under the mill act, Gen. Sts. c. 149, for flowing the complainant’s meadows by the respondent’s dam from January 1,1867, to July 18,1867, the date of the complaint. Trial, and verdict for the respondent, in the superior court, before Reed, J., who allowed a bill of exceptions, the substance of which appears in the opinion except so far as relates to the form of the verdict, in regard to which the facts were stated in the bill substantially as follows: The case was committed to the jury in the afternoon, and their foreman sent to the judge the next morning a writing which stated that…
1Opinion of the CourtChapman, C. J.
The dam which is the subject of complaint is built across the Saugus River; and the river there forms the dividing line between Lynnfield and Wakefield. There was a mill on each side of the river, connected with the dam. In March 1843, Adam Hawkes conveyed the mill on the Lynnfield side to Edward Upton and David Preston. Preston conveyed his interest to Upton in August 1844; on November 27,1844, Upton conveyed to John Wiley; and the respondent claims by mesne conveyances under Wiley. While Upton owned the mill, *158and when he conveyed it to Wiley, he owned the farm now owned by the complainant,…
2Cited by1 opinion
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