Smart v. Aroostook Lumber Co.
Supreme Judicial Court of Maine
On report. Action on the case brought by the plaintiff against the defendant company to recover damages for obstructing, with logs and lumber, the Presque Isle Stream, which was alleged to be a navigable stream flowing through the towns of Mapleton and Presque Isle in the County of Aroostook, and thereby preventing the plaintiff from passing up and down said stream with a boat or canoe between Presque Isle Village and a summer residence or camp on a lot of land owned by him…
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On report. Action on the case brought by the plaintiff against the defendant company to recover damages for obstructing, with logs and lumber, the Presque Isle Stream, which was alleged to be a navigable stream flowing through the towns of Mapleton and Presque Isle in the County of Aroostook, and thereby preventing the plaintiff from passing up and down said stream with a boat or canoe between Presque Isle Village and a summer residence or camp on a lot of land owned by him on the bank of said stream in said Mapleton. The defendant company maintains a dam across said stream in said village,…
1Opinion of the CourtPeabody, J.
This is an action on the case brought by the plaintiff against the defendant to recover damages for obstructing with logs and lumber, on and prior to the first day of April, 1903, the Presque Isle Stream, a navigable stream flowing through the towns of Mapleton and Presque Isle in the County of Aroostook.
The stream has its source in small lakes and numerous tributaries in a lumber region comprising three townships, and its length to the junction with the Aroostook River, a mile below Presque Isle, is about forty miles.
For many years, logs in large quantities have been floated down the main…
2Cases cited22 opinions
- The Daniel BallSupreme Court of the United States · 1871
- The MontelloSupreme Court of the United States · 1874
- Lamprey v. StateSupreme Court of Minnesota · 1893
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Rhodes v. OtisSupreme Court of Alabama · 1859
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3Cited by15 opinions
- Toy v. Atlantic Gulf & Pacific Co.Court of Appeals of Maryland · 1939
- State Ex Rel. Lyon v. Columbia Water Power Co.Supreme Court of South Carolina · 1909
- Foley v. H. F. Farnham Co.Supreme Judicial Court of Maine · 1936
- Nekoosa-Edwards Paper Co. v. Railroad CommissionWisconsin Supreme Court · 1930
- Silver Springs Paradise Co. v. RayCourt of Appeals for the Fifth Circuit · 1931
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