Eley v. Eley v. Twin State Gas & Electric Co.

The plaintiff owns land and buildings in Gorham, some distance from the Androscoggin river, and sues to recover for damage caused by the percolation of water incident to an increase in the height of the river, caused by a dam maintained by the defendant. The defendant claims the right to flow the plaintiff’s land under certain conveyances. It was assumed at the trial that the deeds conveyed such right, and the issues tried were whether the right had been lost by abandonment or adverse user; and if it had, whether the defendant’s acts were unreasonable. The plaintiff had a verdict and the case…