Gould v. Boston Duck Co.
Massachusetts Supreme Judicial Court
Action of tort by the owner of a mill on Swift River in Palmer against the owners of another mill higher up on the same stream, for unreasonably detaining and using the water thereof, to the injury of the plaintiff’s mill.
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Action of tort by the owner of a mill on Swift River in Palmer against the owners of another mill higher up on the same stream, for unreasonably detaining and using the water thereof, to the injury of the plaintiff’s mill. The case was referred to arbitrators, and was submitted to the court upon their report, of which the following were the material parts: “1. We find that for a period of more than one hundred years a grist mill and saw mill have been operated on the site now occupied by the plaintiff’s grist mill and saw mill, on Swift River in Palmer. “ 2. We find that the plaintiff…
1Opinion of the CourtShaw, C. J.
This is an action of tort, to recover damage, done to the plaintiff, in the use of his mills, situated on Swift River, so called, by the defendants, in erecting on their own land on the same river, and above the mills of the plaintiff, mills and manufactories of greater magnitude than were adapted and appropriate to the size and capacity of said river, and to the quantity of water flowing therein, and using the water of said river in an unreasonable manner, and detaining the same in a pond or reservoir, for unreasonable periods of time, both in the day and night, and discharging the same in…
2Cited by2 opinions
- Thompson v. TennysonSupreme Court of Georgia · 1919
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923