Gaston v. Mace
West Virginia Supreme Court
Statement of the case by Geeen, Judge : This was an action on the case brought in the Circuit Court of Lewis county in November, 1883. The declaration was tiled at January rules, 1884, and contained two couuts.
Read the full summary
Statement of the case by Geeen, Judge : This was an action on the case brought in the Circuit Court of Lewis county in November, 1883. The declaration was tiled at January rules, 1884, and contained two couuts. The first count stated, that the plaintiff, Gaston, was possessed of a certain close on both sides of Stone Coal creek in said county and of a water-mill, water-wheels, head-gate with a mill-dam across said Stone Coal creek within his said close, formed by a wooden and stone structure, and abutting on each side of said creek within said close, which mill had been, of right ought to…
1Opinion of the Court
Gkeen, Judge :
This was an action of trespass on the ease, brought by the plaintiff, the owner of a mill and mill-dam on Stone Goal creek in Lewis county. .The claim of the plaintiff was that the defendants placed in this creek above said mill a number of saw-logs, which were floated down the stream upon which was his dam, so that by the pressure and weight thereof the dam was destroyed, and he was deprived of the use of the water in said creek for operating his mill, to his damage. The action is based on the plaintiff’s claim of an exclusive right to use the water of this creek rvithin his…
2Cases cited24 opinions
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Moore v. SanborneMichigan Supreme Court · 1853
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Palmer v. MulliganNew York Supreme Court · 1805
- Rhodes v. OtisSupreme Court of Alabama · 1859
19 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
- Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
- Snyder v. CallaghanWest Virginia Supreme Court · 1981
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- Elder v. DelcourSupreme Court of Missouri · 1954
27 more not listed; retrieve them via the Exa API.