Carleton Mills Co. v. Silver
Supreme Judicial Court of Maine
On exceptions. This was an action on the case, for diverting water from the plaintiffs. The declaration is as follows: — - “In a plea of tlie case, for that the plaintiffs ever since the 8th day of June, A. D. 1881, have been seized in their demesne as of fee and have been in actual possession of a large woolen mill and all the necessary machinery to run said mill to its full capacity, situate on the easterly side of Carleton stream, so called, in Sanger-ville village…
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On exceptions. This was an action on the case, for diverting water from the plaintiffs. The declaration is as follows: — - “In a plea of tlie case, for that the plaintiffs ever since the 8th day of June, A. D. 1881, have been seized in their demesne as of fee and have been in actual possession of a large woolen mill and all the necessary machinery to run said mill to its full capacity, situate on the easterly side of Carleton stream, so called, in Sanger-ville village aforesaid, together with the Williams dam, being a dam across said stream at said factory, and all the water privilege of the…
1Opinion of the CourtFoster, J.
On June 8, 1881, Owen B. Williams was the owner of the premises, land and water privilege about which this contention has arisen, situated upon Carleton stream in the village of Sangerville. Upon that day he conveyed by metes and bounds a specific part of the premises to the plaintiffs, and in the conveyance, immediately following the description of the boundaries, is this language: “Together with the Williams dam and all the water privilege of the Carleton Mill Stream, so called, for all the purposes of propelling a factory and its machinery and appurtenances to be built on said privilege,…
2Cases cited1 opinion
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
3Cited by2 opinions
- Hall v. Sterling Iron & Railway Co.New York Court of Appeals · 1896
- United States ex rel. Tennessee Valley Authority v. HughesDistrict Court, E.D. Tennessee · 1967