Legal Opinion

Gerrish v. Brown

Supreme Judicial Court of Maine

Decided July 1, 1863PublishedCited by 10 opinions

On Report. This was an action on the case to recover of the defendants damages for throwing large quantities of slabs, edgings and other waste stuff from their sawmill at Berlin, into the Androscoggin River, and abandoning it to float down the river and mix with the plaintiffs’ timber and fill up their pond or reservoir for logs, and greatly retarding the operations of their mill.

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On Report. This was an action on the case to recover of the defendants damages for throwing large quantities of slabs, edgings and other waste stuff from their sawmill at Berlin, into the Androscoggin River, and abandoning it to float down the river and mix with the plaintiffs’ timber and fill up their pond or reservoir for logs, and greatly retarding the operations of their mill. The plaintiffs offered testimony tending to prove the following facts: — that the Androscoggin River is a public highway, and has been used for many years for the purpose of floating rafts .of timber and logs over…

1Opinion of the Court

The opinion of the Court was drawn up by

Rice, J.

This case comes before us on a quasi report. It is not presented in conformity with the statute, and might, therefore, with propriety, be dismissed. It, however, involves questions of much importance, not only to the parties immediately interested, but to many other citizens of the State. Eor the purpose, therefore, of enabling those interested to adjust matters in controversy intelligently between themselves, or to present the points in issue before a Court and jury, we proceed briefly to consider the case as though the facts, which the…

2Cases cited1 opinion

  1. People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by10 opinions

  1. People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
  2. Peck v. City of Michigan CityIndiana Supreme Court · 1898
  3. Franklin Wharf Co. v. City of PortlandSupreme Judicial Court of Maine · 1877
  4. Cameron Lumber Co. v. Stack-Gibbs Lumber Co.Idaho Supreme Court · 1914
  5. City of Roseburg v. AbrahamOregon Supreme Court · 1880

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