Ring v. Walker
Supreme Judicial Court of Maine
Agreed statement. The case is stated in the opinion. This right to a sluice was appui’tenant to the lower property, not by virtue of anything in the reservation itself, but by legal intendment from its situation -and relation to that property. But a way appurtenant to a particular lot cannot be used for any other.
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Agreed statement. The case is stated in the opinion. This right to a sluice was appui’tenant to the lower property, not by virtue of anything in the reservation itself, but by legal intendment from its situation -and relation to that property. But a way appurtenant to a particular lot cannot be used for any other. Davenport -v. Lamp son, 21 Pick. 72 ; French v. Mars-ton, 4 Poster, 440; Mendell v. Delano, 7 Met. 180; Gh'een v. Canny, 187 Mass. 64; Moulton v. Faughl, 41 Maine, 298 ; Dennis v. Wilson, 107 Mass. 593. Defendants are using this sluice to carry logs to Basin Mills, on a lot a mile…
1Opinion of the CourtFoster, J.
This is an action of trespass, brought to determine the legal rights of the parties in relation to a log sluice through what is called the Bennoch dam on the Stillwater river at Orono, and the sluicing of logs through the same.
The plaintiffs are the owners of all the mills and mill privileges on that dam on the west side of the river. The defendants are the owners of Basin Mills, so-called, on the Penobscot river, about a mile below the junction of the Stillwater with the main Penobscot river.
The log sluice is through and over the plaintiffs’ premises, and is maintained and used by the…
2Cases cited6 opinions
- Ashcroft v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
- Stockwell v. CouillardMassachusetts Supreme Judicial Court · 1880
- Wood v. BoydMassachusetts Supreme Judicial Court · 1887
- Perkins v. StockwellMassachusetts Supreme Judicial Court · 1881
- Barnes v. BurtSupreme Court of Connecticut · 1871
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3Cited by7 opinions
- Baker v. KenneySupreme Court of Iowa · 1910
- O'NEILL v. WilliamsSupreme Judicial Court of Maine · 1987
- Frye v. SibbittNebraska Supreme Court · 1945
- State v. Central Maine Power Co.Supreme Judicial Court of Maine · 1994
- Dorey v. Estate of SpicerSupreme Judicial Court of Maine · 1998
2 more not listed; retrieve them via the Exa API.