Dickinson v. New England Power Co.

It appears from the allegations of the bill, which are admitted by the demurrer, that the defendant, a riparian proprietor, built in 1912 a dam across the Deerfield River at Shelburne Falls, an unnavigable stream, for the purpose of raising a head of water to operate its mill. The river is a mountain stream which at times rises rapidly, and before its waters were dammed, with the exception of one or two years when some water and ice came upon the lands of some of the plaintiffs who are riparian owners above the dam without causing damage, no overflow of water or accumulation of ice had…