Biglow v. Battle
Massachusetts Supreme Judicial Court
This was a special action of the case, wherein the plaintiffs declared that they were owners of certain mills in Natick, on the north side of Charles River, and had a right to all the water of that river, except so much thereof as they had granted to the defendants for twenty-one years from the 8th of June, 1814, by a lease of that date; and complaining that the defendants had diverted more water than they had a right to take, by virtue of that lease, for a time stated.
Read the full summary
This was a special action of the case, wherein the plaintiffs declared that they were owners of certain mills in Natick, on the north side of Charles River, and had a right to all the water of that river, except so much thereof as they had granted to the defendants for twenty-one years from the 8th of June, 1814, by a lease of that date; and complaining that the defendants had diverted more water than they had a right to take, by virtue of that lease, for a time stated. The privilege granted to the defendants was that of “ drawing water from the plaintiffs’ dam, to turn water-wheels for their…
1Opinion of the CourtParker, C. J.
There is no doubt that the action is well brought. The objection is that, as the defendants held, by lease under the plaintiffs, a right to draw off a part of their water for the use of the defendants’ works, if they exceeded the quantity which, by the lease, they were entitled to take, the plaintiffs’ remedy was upon covenants in the lease. But with respect to all the water not granted by the lease, it is as if no lease had been made; and then, if the plaintiffs are injured by means of drawing more water from their mills than the lease gave a right to, they have, by the common law, a right…
Also in this document: Per curiam.
2Cited by9 opinions
- Strong v. BenedictSupreme Court of Connecticut · 1824
- Adams v. WarnerSupreme Court of Vermont · 1851
- Olmsted v. Loomis & GravesNew York Supreme Court · 1849
- Cromwell v. . SeldenNew York Court of Appeals · 1850
- Fisk v. WilberNew York Supreme Court · 1849
4 more not listed; retrieve them via the Exa API.