Warren v. Westbrook Manufacturing Co.
Supreme Judicial Court of Maine
On report. This was a bill in equity, heard on bill and demurrers of the defendants severally ; the parties stipulating that, if the demurrers were overruled, the defendants might answer further.
Read the full summary
On report. This was a bill in equity, heard on bill and demurrers of the defendants severally ; the parties stipulating that, if the demurrers were overruled, the defendants might answer further. The bill prayed for a partition of waters, based upon the following facts: The Presumpscot river, a non-tidal stream, as it flows through Saccarappa Village at the place called Saccarappa Upper Falls, forms an island about three hundred and fifty feet long, and one hundred and fifty feet wide. In forming this island, the river divides itself into two branches or channels ; one flowing on the easterly…
1Opinion of the CourtEmery, J.
This controversy is over the use for mill purposes of the waters of the Presumpscot river, where it flows in two channels, eastern and western, around an island past the riparian lands of parties at Saecarappa Upper Falls. It is of several years standing, and has been unsuccessfully brought before the court on two former occasions at least. It should now be authoritatively and finally adjusted, if within the power of the court upon the allegations in this or an amended bill. A full statement of the physical, hydrographic facts is given in the case, Warren v. Westbrook Manuf’g Co. 86 Maine,…
2Cases cited6 opinions
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
- Lyon v. McLaughlinSupreme Court of Vermont · 1859
- Frey v. LowdenCalifornia Supreme Court · 1886
- Adams v. ManningSupreme Court of Connecticut · 1881
- Arthur v. Case & HarwoodNew York Court of Chancery · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Vineyard Land & Stock Co. v. District Court of the Fourth Judicial District of the State of Nevada ex rel. County of ElkoNevada Supreme Court · 1918
- Hammond v. Antwerp Light & Power Co.New York Supreme Court · 1928
- Joerger v. Mt. Shasta Power Corp.California Supreme Court · 1932
- Card v. NickersonSupreme Judicial Court of Maine · 1954
- Woolsey v. CarmichaelSupreme Court of New Hampshire · 1977
2 more not listed; retrieve them via the Exa API.