Bassett v. Carleton
Supreme Judicial Court of Maine
On a Report from Nisi Prius, Howard, J. This is an action to recover damages of the defendant, who had erected a dam and sluice on his.own land on the Carleton stream in Troy.
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On a Report from Nisi Prius, Howard, J. This is an action to recover damages of the defendant, who had erected a dam and sluice on his.own land on the Carleton stream in Troy. The action is brought upon the alleged grounds, that the sluice was insufficient; that the defendant did not seasonably turn the plaintiffs logs over the dam ; and that he did not furnish sufficient water for the driving said logs to the twenty-five mile pond; by reason of which he alleged that he sustained the damages sued for. The plaintiff offered in evidence the Act of 1848, chap. 185, entitled “an Act to improve…
1Opinion of the CourtHoward, J.
The defendant had erected and maintained a dam and sluice on the Carleton stream, in Troy, upon his own land, under a charter from the State, to improve the stream for running logs and other lumber. He was authorized to receive and recover a certain rate of toll for the passage of such lumber, and made liable to pay all damages that any person might sustain, by any failure, on his part, to construct and maintain the dam of the required height and capacity, or to erect and maintain a suitable and convenient sluice. Before any person could be entitled to the benefit of the sluice for floating…
2Cited by7 opinions
- State v. PoultererCalifornia Supreme Court · 1860
- Rice v. CarmichaelColorado Court of Appeals · 1893
- Colorado Cent. R. Co. v. HumphreySupreme Court of Colorado · 1891
- Adkison v. HardwickSupreme Court of Colorado · 1889
- Rice v. CarmichaelColorado Court of Appeals · 1893
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