Sampson v. Bradford
Massachusetts Supreme Judicial Court
This was a complaint under the Rev. Sts. c. 116, for flowing the complainant’s land, by means of a dam erected by the respondent across Finney’s meadow brook in Plymouth for the purpose of driving certain mills situated upon and near the same.
Read the full summary
This was a complaint under the Rev. Sts. c. 116, for flowing the complainant’s land, by means of a dam erected by the respondent across Finney’s meadow brook in Plymouth for the purpose of driving certain mills situated upon and near the same. The case was submitted to the court of common pleas, and by appeal to this court, upon the following agreed statement of facts: — On the 21st of September, 1844, the respondent, who was the owner of the dam in question, leased the same by an indenture in writing and under seal, there being then no mill on Lhe premises, to one Ivory L. Harlow for the…
1Opinion of the CourtDewey, J.
The respondent interposes various objections to sustaining this complaint. The principal one is, that the mill was not erected by the respondent, the owner of the dam, but by his lessee. This objection is strongly urged, and is supposed, by the counsel for the respondent, to be sustained by the case of Fitch v. Stevens, 4 Met. 426. But the principle settled in that case was a much more limited one. It was only that a proceeding by complaint, under the mill act, to recover damages for the flowing of land, cannot be maintained where nothing has been done beyond the erection of a dam; no mill…
2Cases cited1 opinion
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
3Cited by7 opinions
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1920
- Spelman v. AldrichMassachusetts Supreme Judicial Court · 1879
- Brown v. BrownMassachusetts Supreme Judicial Court · 1899
- Hawkins v. Providence & Worcester RailroadMassachusetts Supreme Judicial Court · 1876
- Miller v. LangMassachusetts Supreme Judicial Court · 1868
2 more not listed; retrieve them via the Exa API.