Canal Co. v. Hill
Supreme Court of the United States
The Chesapeake and Ohio Canal Company were the proprietors of a canal which, at its terminus in Georgetown, D. C., was much higher than the Potomac River, and so furnished by its surplus water a considerable water power. This power the company had for many years been in the habit of leasing out to the proprietors of various mills built not far from the side of the canal.
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The Chesapeake and Ohio Canal Company were the proprietors of a canal which, at its terminus in Georgetown, D. C., was much higher than the Potomac River, and so furnished by its surplus water a considerable water power. This power the company had for many years been in the habit of leasing out to the proprietors of various mills built not far from the side of the canal. The general form of. lease used was that of a grant of the right, for a certain term of years, at a certain rent, and under certain restrictions, to draw from the canal so much water as would pass through an aperture of…
1Opinion of the CourtJustice Bradley
The large investment of capital made by the appellee in sole reliance on the water-power which the lease secures, with the full knowledge which the appellants had of this reliance and intended investment, renders it necessary that we should look carefulty to the substance of the original agreement, of January, 1864, as contradistinguished from its mere form, in order that we may give it a fair and just construction, and ascertain the substantial intent of the parties, which is the fundamental rule in the construction of all agreements. It is not to be presumed that they intended to provide…
Also in this document: Dissent.
2Cited by86 opinions
- Weil v. NearySupreme Court of the United States · 1929
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- O'BRIEN v. MillerSupreme Court of the United States · 1897
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
- United States v. Utah, Nevada & California Stage Co.Supreme Court of the United States · 1905
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