Worcester v. Great Falls Manuf'g Co.
Supreme Judicial Court of Maine
On Report from Nisi Prius, Appleton, J., presiding. This was an action on the case to recover damages caused by the overflowing of the plaintiffs’ land and mill-site, situated on the Great Falls river. It appeared in evidence, that one Horn built, in 1842, a dam above that of the defendants’, which flowed out the plaintiffs’ site and land, which dam, plaintiffs contended to be on their land at one end.
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On Report from Nisi Prius, Appleton, J., presiding. This was an action on the case to recover damages caused by the overflowing of the plaintiffs’ land and mill-site, situated on the Great Falls river. It appeared in evidence, that one Horn built, in 1842, a dam above that of the defendants’, which flowed out the plaintiffs’ site and land, which dam, plaintiffs contended to be on their land at one end. At this time plaintiffs did certain acts indicating an intention to assert their rights to the site thus overflowed. In 1848, the defendants built the dam complained of across the Great Falls…
1Opinion of the CourtTenney, C. J.
The plaintiffs were the owners of certain land, bordering on Salmon Palls river, where it is the dividing line between the States of Maine and New Hampshire, with a mill site and waterfall thereon, in the same river. In Sept., 1848, the defendants erected a dam across that river, below the land, mill site, and waterfall of the plaintiffs, and thereby wrongfully flowed out the same. The jury, in their verdict for the plaintiffs, assessed damages, according to the injury, which the plaintiffs had sustained, and which they might have sustained on their different grounds; which verdict, by the…
2Cases cited2 opinions
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