Commonwealth v. Ellis
Massachusetts Supreme Judicial Court
This was a writ of certiorari to the Court of Common Pleas, issued on the application of the said Ellis, to bring before this Court the proceedings had upon the complaint of Timothy French against the said Ellis for overflowing the land of the complainant by erecting a mill-dam, under the “ Act for the support and regulation of mills.”
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This was a writ of certiorari to the Court of Common Pleas, issued on the application of the said Ellis, to bring before this Court the proceedings had upon the complaint of Timothy French against the said Ellis for overflowing the land of the complainant by erecting a mill-dam, under the “ Act for the support and regulation of mills.” (1) The complaint, which was entered in the Common Pleas, January term, 1806, alleged that the complainant, French, was “ seised of a certain tract of meadow land, situate in Needham, and on Charles River, containing about ten acres, more or less; ” that Ellis…
1Per curiam
The first exception taken to the proceedings brought before us by the certiorari in this case relates to the sup posed insufficiency of the description, contained in the original com plaint, of the lands alleged to be flowed. But we are of opinion that the exception cannot prevail. * The [ * 464 ] description is sufficient for the purpose of directing the view of the jury.
The verdict is objected to on ground somewhat similar. The jury have said the flowing shall not be “ higher than has been usual heretofore.” It is true that this will always require paroi testimony to explain or ascertain…
2Cited by5 opinions
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