Murchie v. Gates
Supreme Judicial Court of Maine
On exceptions and motion to set aside the verdict. Case for diverting the water from the plaintiffs’ water mills in Calais. The opinion states the facts.
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On exceptions and motion to set aside the verdict. Case for diverting the water from the plaintiffs’ water mills in Calais. The opinion states the facts. In his charge the presiding justice instructed the jury, among other instructions as stated below, and to so much as is printed in italics the defendant alleged exceptions to as expressing an opinion to the jury: " The plaintiffs must satisfy you of the extent of their damage, by reason of the diversion of the water; but you must determine upon the whole evidence, what damage they sustained by the wrongful diversion of the water. William A.…
1Opinion of the CourtEmery, J.
There was evidence tending to establish the following as facts : In the St. Croix river, at Calais, is an island near the American shore. This island and the American shore for some distance above and below were formerly one estate. As early as 1810, dams and mills were built across from the shore to the island at the upper end. The title to this upper mill priyilege afterwards came to the defendant. In 1824 was *303the severance in the ownership. A conveyance was made of the land nearly opposite the lower end of the island, " with liberty to build a dam from the shore across to the island.” The…
2Cases cited1 opinion
- Belknap v. TrimbleNew York Court of Chancery · 1831
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- Lawrie v. SilsbySupreme Court of Vermont · 1904
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