Lincoln v. Chadbourne
Supreme Judicial Court of Maine
On Exceptions. Trespass on the case, to recover compensation for damages alleged to have been sustained to the plaintiff’s mill by a dam erected by the defendant. The first and uppermost dam upon the stream was built as early as 1802, which, with the mills erected thereon, has been maintained ever since.
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On Exceptions. Trespass on the case, to recover compensation for damages alleged to have been sustained to the plaintiff’s mill by a dam erected by the defendant. The first and uppermost dam upon the stream was built as early as 1802, which, with the mills erected thereon, has been maintained ever since. The plaintiff’s (middle) dam was erected from 1823 to 1830. The defendant commenced the erection of his (lowest) dam in the fall of 1843 and completed it in March, 1844. The remaining facts appear in the opinion. If the plaintiff’s dam was lawfully abated as a nuisance, its former existence…
1Opinion of the CourtBarrows, J.
— Of three dams situated within a short distance of each other on the same stream, each erected either by or with the consent of the riparian proprietor on whose land it stands, the plaintiff’s is the middle one and the defendant’s the lowest. The plaintiff’s dam was originally erected before the defendant’s. This is not controverted. In cases of this description qui prior est in tempo-re, potior est in jure.
Cary v. Daniels, 8 Met., 477 ; Gould v. Boston Duck Co. 13 Gray, 450, 451. Unless the plaintiff’s site had been abandoned when the defendant erected his dam, it follows that, as against…
2Cases cited2 opinions
- Branch v. DoaneSupreme Court of Connecticut · 1846
- Haller v. PineIndiana Supreme Court · 1846
3Cited by1 opinion
- Pickens v. Coal River Boom & Timber Co.West Virginia Supreme Court · 1902