Haskell v. Thurston
Supreme Judicial Court of Maine
On report. Bill to restrain the defendants from using more than their portion of the water from a reservoir dam in which the plaintiff was interested. The facts are fully stated in the opinion. So far as the rights of these parties to the use of the water are concerned, the case of Jordan v. Mayo, 41 Maine, 552, is conclusive.
Read the full summary
On report. Bill to restrain the defendants from using more than their portion of the water from a reservoir dam in which the plaintiff was interested. The facts are fully stated in the opinion. So far as the rights of these parties to the use of the water are concerned, the case of Jordan v. Mayo, 41 Maine, 552, is conclusive. The grant by the owner of the whole stream of water sufficient for a given purpose, precludes the grantor and his assigns from' diminishing or defeating in any way what he has thus conveyed. Id. In Covel v. Hart, 56 Maine, 518, the owner of land-on both banks of a…
1Opinion of the CourtEmery, J.
The evidence seems to establish the following facts. There was a lawful dam across a non-navigable river. From this cross-dam, a wing- dam extended down the stream to conduct the water to the mills; on this wing dam was a cider mill, and below the cider mill, but on the same wing dam was a woolen mill. One Newell formerly owned both dams and both mills. In 1878 he conveyed the lower mill, the woolen mill, to the complainant. The bounds named in the deed did not include any part of the cross-dam, but the deed contained this *132language: "And the said Newell hereby conveys an equal privilege in…
2Cited by5 opinions
- Bangor Baptist Church v. State of Me., Dept. of Educ.District Court, D. Maine · 1983
- Levesque v. PelletierSupreme Judicial Court of Maine · 1949
- Alliance for Retired Americans v. Secretary of StateSupreme Judicial Court of Maine · 2020
- Alliance for Retired Americans v. Secretary of StateSupreme Judicial Court of Maine · 2020
- Horner v. DennisSupreme Court of Louisiana · 1882