Clark v. Rockland Water Power Co.
Supreme Judicial Court of Maine
On Exceptions to the rulings of Kice, J., at Nisi Prius. Complaint. ' . The complaint set out the title to the complainant’s mill, &c., and alleged that the defendants had, in the exercise of the powers granted to them by their Act of incorporation, done great damage to the complainant’s said mill and privilege, by diverting the water therefrom, and by stopping the water of Tolman’s pond and preventing it from running through the outlet thereof and by its accustomed and…
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On Exceptions to the rulings of Kice, J., at Nisi Prius. Complaint. ' . The complaint set out the title to the complainant’s mill, &c., and alleged that the defendants had, in the exercise of the powers granted to them by their Act of incorporation, done great damage to the complainant’s said mill and privilege, by diverting the water therefrom, and by stopping the water of Tolman’s pond and preventing it from running through the outlet thereof and by its accustomed and natural channel to the complainant’s mill and privilege, &c. The defendants pleaded " not guilty,” with a brief statement…
1Opinion of the Court
The opinion of the Court was drawn by
Rice, J.
This complaint is based upon the provisions of c. 381 of the Special Laws of 1850, being an Act to incorporate the Rockland Water Power Company, for the purpose of conveying to the village of Rockland a supply of pure water for domestic purposes, &c.
The 2d section of the Act provides that the corporation may hold real and personal estate necessary and convenient for the purposes aforesaid, not exceeding in amount seventy-five thousand dollars.
In the 3d section it is provided that " nothing in this Act be taken or construed to prevent the owners of…
2Cases cited1 opinion
- Commonwealth v. EllisMassachusetts Supreme Judicial Court · 1814
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- Reed v. DraisCalifornia Supreme Court · 1885
- F. X. Bilodeau Realty, Inc. v. Lewiston Urban Renewal AuthoritySupreme Judicial Court of Maine · 1968
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