Hazard v. Robinson
U.S. Circuit Court for the District of Rhode Island
Case for obstruction to a mill and flowing back the water by means of a dam across the water-course lower down the stream (called Sauhatucket river) and thereby stopping the •operation of the plaintiff’s mill. Plea not guilty. At the trial, the facts appeared to be in substance as follows: The mill in question, which for the sake of distinction may be called the upper or Niles’s mill, was owned by one Ebenezer Niles in 1735, and sold by him in that year to Daniel M’Loone.
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Case for obstruction to a mill and flowing back the water by means of a dam across the water-course lower down the stream (called Sauhatucket river) and thereby stopping the •operation of the plaintiff’s mill. Plea not guilty. At the trial, the facts appeared to be in substance as follows: The mill in question, which for the sake of distinction may be called the upper or Niles’s mill, was owned by one Ebenezer Niles in 1735, and sold by him in that year to Daniel M’Loone. In 1744, M’Loone devised the same mill to Thomas Hazard in fee; and afterwards, in 1746, being the owner of lands lying on…
1Opinion of the Court
STORY, Circuit Justice.
Upon the facts in this case, two points arise: 1. Whether, assuming that originally the dam of the lower mill was rightfully erected as high as it now is, the subsequent lowering of it two feet in 1780, and keeping it in the same .state for thirty-eight years, is not an extinction of the privilege to raise it higher. 2. Whether at all events the unity of possession of both mills in Rowland Hazard, by his purchase in 1807, did not extinguish any privilege appurtenant to one mill, which was injurious to, and disused in respect to, the other.
I will consider both points,…
2Cases cited4 opinions
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- White v. CrawfordMassachusetts Supreme Judicial Court · 1813
- Strout v. BerryMassachusetts Supreme Judicial Court · 1811
- Homer v. WhitmanMassachusetts Supreme Judicial Court · 1818
3Cited by15 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Miller v. GarlockNew York Supreme Court · 1850
- Gaynor v. BauerSupreme Court of Alabama · 1905
- Seymour Water Co. v. LeblineIndiana Supreme Court · 1924
- Hadden v. ShoutzIllinois Supreme Court · 1854
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