City of Rockland v. Rockland Water Co.
Supreme Judicial Court of Maine
On report and exceptions. Bill in equity to restrain a nuisance. The defendant filed a general demurrer to the bill, which was overruled. The case was reported to this court where a hearing was then had on the bill, answer and testimony.
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On report and exceptions. Bill in equity to restrain a nuisance. The defendant filed a general demurrer to the bill, which was overruled. The case was reported to this court where a hearing was then had on the bill, answer and testimony. The plaintiff complained in its bill that the defendant corporation, by unlawfully raising the waters of Tohnan’s pond, overflowed a certain highway in the city of Eockland, thereby obstructing said way, rendering it unsafe and inconvenient for public travel at certain portions of the year, subjecting the city to loss and expense, and tending to totally…
1Opinion of the CourtHaskell, J.
Bill in equity to restrain a nuisance in the form of a dam that raises water to so great a height as to flow out a highway, whereby the plaintiff has been put yearly to expense in its repair.
*57The statute, o. 17, § 5, etseq., gives a remedy at law. It gives damages and appropriate process for abatement of the nuisance. This remedy has not been invoked; and the bill does not show any special reason why the right of the parties should not be first settled at' law7. The supposed nuisance has long- existed, and there appears to be no imminent danger that the threatened injury will result in…
2Cases cited5 opinions
- Scott v. NeelySupreme Court of the United States · 1891
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- Mississippi Mills v. CohnSupreme Court of the United States · 1893
- Neves v. ScottSupreme Court of the United States · 1852
3Cited by5 opinions
- CRY v. CoteSupreme Judicial Court of Maine · 1979
- American Oil Co. v. CarlisleSupreme Judicial Court of Maine · 1949
- Viles v. KortySupreme Judicial Court of Maine · 1934
- Gallagher v. Aroostook Federation of FarmersSupreme Judicial Court of Maine · 1938
- Incorporated Town of Polk City v. GemricherSupreme Court of Iowa · 1919