Farrington v. Blish
Supreme Judicial Court of Maine
Complaint for flowing lands. The complaint alleges merely, that the complainant was seised of a tract of meadow land in China, in this county, which was described, adjoining on a certain stream of water, also described, and that the defendants have erected upon said stream of water a certain mill-dam, and for many years, to wit, ten, have kept up the same dam, whereby the land of the complainant has been overflowed with water for the space of four years, and thereby rendered…
Read the full summary
Complaint for flowing lands. The complaint alleges merely, that the complainant was seised of a tract of meadow land in China, in this county, which was described, adjoining on a certain stream of water, also described, and that the defendants have erected upon said stream of water a certain mill-dam, and for many years, to wit, ten, have kept up the same dam, whereby the land of the complainant has been overflowed with water for the space of four years, and thereby rendered of no value; and concludes with a prayer for assessment of damages. The respondents pleaded, by brief statement, that…
1Opinion of the Court
After a continuance nisi, the opinion of the Court was drawn up and delivered by
Weston C. J.
The case under consideration, is a complaint provided for by the statute, for tbe support and regulation of mills. Statute of 1821, c. 45. It is a process specially given, which should contain averments of all the facts, made essential by the statute, to enable the complainant to avail himself of the remedy prescribed.
The statute makes it lawful for any person who has erected, or who may erect any watermill on his own land, or on the land of another, by tbe consent of the owner, for the working of…
2Cases cited3 opinions
- Rowan v. Shapard, Stevens & Co.Court of Appeals of Texas · 1884
- Smock v. HendersonIndiana Superior Court · 1872
- Spencer v. OvertonSupreme Court of Connecticut · 1803