State v. Godfrey
Supreme Judicial Court of Maine
This was an indictment at common law, for a nuisance occasioned by the erection, by the defendants, of a dam across the Penobscot river. The indictment was found in 1834, and was tried, and a verdict of guilty returned by the jury. Certain questions of law were reserved on a report of the presiding Judge, which were decided against the respondents.
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This was an indictment at common law, for a nuisance occasioned by the erection, by the defendants, of a dam across the Penobscot river. The indictment was found in 1834, and was tried, and a verdict of guilty returned by the jury. Certain questions of law were reserved on a report of the presiding Judge, which were decided against the respondents. A report of the case then before the Court, is found in 3 Fairf. 361. A motion in arrest of judgment, for insufficiency of the indictment, was filed at the term at which the trial took place. At the July term, 1844, this motion was argued by In his…
1Opinion of the Court
The opinion of the Court was made known in June, 1845, as drawn up by
Tenney J.
This indictment is at common law, and alleges that the Penobscot river, between the towns of Orono and Hampden, for more than twenty years next preceding, had been a navigable river and an ancient and common highway for the passage and navigation of boats, rafts and craft, at the pleasure of ail the good citizens of this State, and charges the defendants with having erected thereon a darn of certain dimensions across said river, to the damage and injury of the citizens of the State, in exposing to destruction their…
2Cited by10 opinions
- State v. AlleySupreme Judicial Court of Maine · 1970
- Toussaint v. StateSupreme Judicial Court of Maine · 1970
- State v. BunkerSupreme Judicial Court of Maine · 1976
- State v. RowellSupreme Judicial Court of Maine · 1951
- Houston v. StateIndiana Supreme Court · 1932
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