Craig v. Lewis
Massachusetts Supreme Judicial Court
Complaints dated April 8,1871, under the Gen. Sts. e. 149, for overflowing a parcel of land in Walpole. The complaint of Mary F. Barrett was for flowing from April 8,1868, to September 6,1870, and the complaint of George E. Craig was for flowing from September 6,1870, to the date of the complaints.
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Complaints dated April 8,1871, under the Gen. Sts. e. 149, for overflowing a parcel of land in Walpole. The complaint of Mary F. Barrett was for flowing from April 8,1868, to September 6,1870, and the complaint of George E. Craig was for flowing from September 6,1870, to the date of the complaints. Both cases were tried together in the Superior Court, before Brigham, C. J., without a jury, when the following facts appeared: The dam of the respondent’s mill had, for the last fifteen years, overflowed the land described in the complaints. On September 4, 1861, Samuel G. Clap, who then owned…
1Opinion of the CourtColt, J.
It is claimed that the written instrument relied on is, by its true construction, not only a receipt for past flowing damages, but a release to the mill owner in terms of all future liability. It is not necessary critically to interpret the language used, because, in the opinion of the court, whatever was the in *379tention of the original parties, and whatever effect as between them is to be given to the paper, the right of the present owners of the land flowed to recover compensation for the injury by proceedings under the statute is not defeated by it.
It is indeed true that no form of…
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