Bar Harbor & Union River Power Co. v. Foundation Co.

The trial judge reported this case, plaintiff and defendant consenting, for final decision by the full court. By the report, it is understood that the parties waive all matters of form and process, and desire this court to rule the law and decide the facts, on consideration of the legally admissible and relevant evidence. R. S., Chap. 82, Sec. 46; Pillsbury v. Brown, 82 Me., 450; Dansky v. Kotimaki, 125 Me., 72.

The suit is for the failure of a storage reservoir dam. The dam had been across the Union river, above Ellsworth. Primary inquiry is whether the facts give rise to action. If yes,…