Charles v. Monson & Brimfield Manufacturing Co.
Massachusetts Supreme Judicial Court
This was a complaint by Darius Charles and Miranda Charles, against the respondents, under the several acts passed for the regulation of mills, to recover damages occasioned ny the flowing of the meadows of the complainants, in Brimfield. Miranda Charles was an infant.
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This was a complaint by Darius Charles and Miranda Charles, against the respondents, under the several acts passed for the regulation of mills, to recover damages occasioned ny the flowing of the meadows of the complainants, in Brimfield. Miranda Charles was an infant. The complaint prayed that a jury might be empannelled to appraise the yearly damage done to the complainants by such flowing, and to estimate such sum of money in gross as should be a reasonable compensation for all the damages done or to be done to the complainants by raising and keeping up the head of water, and for the right…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The questions in this case arise upon a complaint against the respondents, for damages occasioned by flowing the complainants’ meadows, under the several acts for the regulation of mills. It is a proceeding founded on statute, and must be governed by the provisions of the statutes.
The most material question in the present case is, whether under the statutes for the regulation of mills, the owners of meadows injured by flowing, can maintain this process against those who have heretofore been the owners and occupiers of such mills, and kept up the…
2Cases cited2 opinions
- Stowell v. FlaggMassachusetts Supreme Judicial Court · 1814
- Inhabitants of Manchester v. Inhabitants of BostonMassachusetts Supreme Judicial Court · 1819