Davis v. Brigham
Supreme Judicial Court of Maine
This was a complaint for flowing about 10 acres of land. The respondents pleaded that they had a legal right to flow without compensation. The respondents claimed the right to open and close, and were allowed to do so, the complainant objecting thereto.
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This was a complaint for flowing about 10 acres of land. The respondents pleaded that they had a legal right to flow without compensation. The respondents claimed the right to open and close, and were allowed to do so, the complainant objecting thereto. It appeared in testimony, that Joseph Walker caused a dam to be built across a stream between Crotched pond and Long pond, for the purpose of floating logs through a canal or slip from one of those ponds to the other, during the summer season of the year 1822. To exhibit his right to do so, and to show that the flowing caused by that dam was…
1Opinion of the Court
The opinion of the Court was by
Shepley, C. J.
The process is a complaint for flowing lands. The defence is a right acquired by prescription to flow them without compensation. A verdict was found in favor of the respondents under instructions which are alleged to have been erroneous. The more important positions presented in argument by the counsel for the complainant, deserve consideration.
1. The first has reference to the conveyance or lease made on January 14, 1822, by Artemas Brigham to Joseph Walker. The jury were instructed that it “ would not prevent the owners of the mills from…
2Cases cited1 opinion
- Lowell v. SpringMassachusetts Supreme Judicial Court · 1810
3Cited by5 opinions
- Reid v. GarnettSupreme Court of Virginia · 1903
- Moore v. DayAppellate Division of the Supreme Court of the State of New York · 1921
- Carlisle v. CooperSupreme Court of New Jersey · 1870
- Wood v. ReedNew York Supreme Court · 1893
- Grobart v. North Jersey, C., CommissionNew Jersey Court of Chancery · 1948