Ludlow Manufacturing Co. v. Indian Orchard Co.
Massachusetts Supreme Judicial Court
Bill in .equity, to restrain the defendant from raising the water of the Chicopee River higher than it would be raised by the defendant’s permanent dam. Hearing before Knowlton, J., who entered a decree dismissing the bill; and both parties appealed to the full court. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is a bill to restrain the defendant from raising the water of the Chicopee River higher than it would be *62raised by the defendant’s permanent dam. The defendant maintains flashboards upon the dam which raise the water eighteen inches higher, and claims the right to do so under its deeds, by prescription and by appropriation under the mill acts. The case was sent to a master, who made a remarkably clear and satisfactory report, and upon that report the bill was dismissed, on the ground that the defendant had acquired the right in question by prescription.
We agree with the master and the…
2Cases cited5 opinions
- Payne v. CommonwealthCourt of Appeals of Kentucky · 1858
- Perrin v. GarfieldSupreme Court of Vermont · 1864
- Hannefin v. BlakeMassachusetts Supreme Judicial Court · 1869
- Brady v. BlackintonMassachusetts Supreme Judicial Court · 1873
- Pierce v. TraversMassachusetts Supreme Judicial Court · 1867
3Cited by3 opinions
- Oldfield v. SmithMassachusetts Supreme Judicial Court · 1939
- Gray v. City of CambridgeMassachusetts Supreme Judicial Court · 1905
- Watters v. Anamosa-Oxford Junction Light & Power Co.Supreme Court of Iowa · 1918