Goodwin v. Gibbs
Supreme Judicial Court of Maine
Complaint for flowage inserted in a writ of attachment entered at the October term A. I). 1878. Whereupon at said term the respondents severally filed demurrers to said declaration and complaint which were joined by the plaintiff and complainant, overruled by the court, and said declaration and complaint adjudged good. The respondents alleged exceptions. The facts are sufficiently stated in the opinion. cited Nelson v. Butter-field, 21 Maine, 220. Walcott Manu.
Read the full summary
Complaint for flowage inserted in a writ of attachment entered at the October term A. I). 1878. Whereupon at said term the respondents severally filed demurrers to said declaration and complaint which were joined by the plaintiff and complainant, overruled by the court, and said declaration and complaint adjudged good. The respondents alleged exceptions. The facts are sufficiently stated in the opinion. cited Nelson v. Butter-field, 21 Maine, 220. Walcott Manu. Co. v. Upton, 5 Pick. 292. Bates v. Weymouth, 8 Cush. 548. Fish v. Framingham, 12 Pick. 68. Billings v. Gibbs, 55 Maine, 238. Bill v.…
1Opinion of the CourtLibbey, J.
This is a complaint for flowage under E. S., c. 92, and comes before this court on demurrer to the complaint. The complaint among other things alleges that'the respondents “have heretofore erected and now maintain water mills on said stream of water, to wit: the said Eufus Gibbs a saw mill, shingle machine, and woolen factory; and said Horace JBillin gs a tannery” and that said respondents “have heretofore erected and ever since such erection maintained a dam across said stream to raise water for the use of their said mills, and to propel the machinery in the same, and still maintain said dam…
2Cases cited1 opinion
- Inhabitants of Norton v. HodgesMassachusetts Supreme Judicial Court · 1868