Hatch v. Dwight
Massachusetts Supreme Judicial Court
This was an action of trespass on the case for a nuisance. The plaintiff alleges that she was seised of a corn-mill, called the upper mills, on Mill River, so called, in Northampton; and that the defendants erected, continued, and kept up a dam below, and caused the water to flow back upon the plaintiff’s mill and mill site; whereby the same became useless. The defendants severally pleaded the general issue, and those issues were joined.
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This was an action of trespass on the case for a nuisance. The plaintiff alleges that she was seised of a corn-mill, called the upper mills, on Mill River, so called, in Northampton; and that the defendants erected, continued, and kept up a dam below, and caused the water to flow back upon the plaintiff’s mill and mill site; whereby the same became useless. The defendants severally pleaded the general issue, and those issues were joined. At the trial, which was had here before Putnam, J., May term,' 1820, the plaintiff produced a deed of William Edwards, dated June 16th, 1807, conveying to…
1Opinion of the CourtParker, C. J.
This case is predicated upon the supposition, that the owner ol a mill privilege, which is destroyed or impaired in value by the building of a dam on another privilege, above or below on the same stream, is entitled to damages in proportion to the injury sustained. And the principle does not seem to be denied, where the injury, by drawing off, stopping or flowing back the water, obstructs the operation of a mill already existing. But it is supposed by the counsel for the defendants, that where the privilege is unoccupied by a mill, the principle cannot be applied (11).
If the privilege in…
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- Bean v. Central Maine Power Co.Supreme Judicial Court of Maine · 1934
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