Plummer v. Penobscot Lumbering Ass'n
Supreme Judicial Court of Maine
On exceptions and motion. Case, in substance, that the plaintiff was possessed of about 700 M. feet of logs in the Penobscot river, fastened to posts and trees $ that the river is a public highway; that the defendants on or about July 10, 1873, carelessly and unlawfully obstructed the channel in violation of their charter, at a point just below where the-plaintiff’s logs were fastened; that the boom remained one month, during which timé the plaintiff was prevented from…
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On exceptions and motion. Case, in substance, that the plaintiff was possessed of about 700 M. feet of logs in the Penobscot river, fastened to posts and trees $ that the river is a public highway; that the defendants on or about July 10, 1873, carelessly and unlawfully obstructed the channel in violation of their charter, at a point just below where the-plaintiff’s logs were fastened; that the boom remained one month, during which timé the plaintiff was prevented from running his-logs down ; that during the time the market value depreciated that this detention was to prevent the West Branch…
1Opinion of the CourtDickerson, J.
The charter of the Penobscot Boom Corporation, the lessors of the defendant company, which authorizes it to erect a boom across the Stillwater branch of the Penobscot river for the purpose of stopping and securing logs, masts, spars and other lumber, and to erect piers and side or branch booms where they should think it necessary, at certain other specified places, contained, among other things, the following provisions:
1. “That said booms be so constructed as to admit the safe passage of rafts and boats and preserve the navigation of the river and the branches thereof, and
2. “ That all…
2Cited by4 opinions
- Owens v. Baltimore & O. R. Co.United States Circuit Court · 1888
- Cromer v. City of LogansportIndiana Court of Appeals · 1906
- Blackman v. MauldinSupreme Court of Alabama · 1909
- Oldenburg v. Oregon Sugar Co.Oregon Supreme Court · 1901