Alden v. Carleton
Supreme Judicial Court of Maine
On report. This was a bill in equity, in which the plaintiff sought to recover of the other co-owners of a reservoir mill dam, their respective shares for repairs and improvements. The facts are sufficiently stated in the opinion.
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On report. This was a bill in equity, in which the plaintiff sought to recover of the other co-owners of a reservoir mill dam, their respective shares for repairs and improvements. The facts are sufficiently stated in the opinion. In Webb v. Laird, 59 Yt. 108, where one co-owner repaired a mill dam the court say: “Each having an interest in the water power, and the right to maintain it if the other abandons it, it follows that they have a mutual interest in, and are under a mutual duty to maintain it, so long as each continues to exercise .his right to it. While enjoying this mutual interest…
1Opinion of the CourtDaneobtii, J.
The parties in this case are the owners, as tenants in common, of a reservoir dam at the outlet of Megunticook lake, built and maintained for the purpose of storing water to be used by the mills on the stream below, when needed. But while they are tenants in common of the dam, they do not use the water in common. The plaintiff owns and operates one mill, while the answering defendants as tenants in common with Joseph Norwood, are the owners and operators of another and a different mill, on a different privilege farther up the stream.
At different times, the plaintiff made repairs and…
2Cases cited3 opinions
- Carver v. MillerMassachusetts Supreme Judicial Court · 1808
- Converse v. FerreMassachusetts Supreme Judicial Court · 1814
- Webb v. LairdSupreme Court of Vermont · 1886
3Cited by1 opinion
- Welland v. WilliamsNevada Supreme Court · 1892