Fuller v. French
Massachusetts Supreme Judicial Court
This was an action of assumpsit, founded on the Rev. Sts. c. 116, <§> 24, and commenced on the 29th of August 1842, to recover of the defendant, as the owner and occupant of a mill dam and privileges in Attleborough, known by the name of the City Factory, the annual compensation formerly awarded to the plaintiff, by a jury duly empannelled for that purpose, against Daniel Reed and Ira Newman, then owners and occupants of said mill dam and privileges, for flowing the…
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This was an action of assumpsit, founded on the Rev. Sts. c. 116, <§> 24, and commenced on the 29th of August 1842, to recover of the defendant, as the owner and occupant of a mill dam and privileges in Attleborough, known by the name of the City Factory, the annual compensation formerly awarded to the plaintiff, by a jury duly empannelled for that purpose, against Daniel Reed and Ira Newman, then owners and occupants of said mill dam and privileges, for flowing the plaintiff’s land. At the trial in the court of common pleas, before Williams, C. J. the plaintiff introduced evidence of his…
1Opinion of the CourtShaw, C. J.
The plaintiff, being owner of land flowed by a mill dam, formerly recovered judgment for his annual damages, on his own complaint, against those who were then owners of the mill and dam. This is conclusive evidence of *362his right to recover of them or their successors, till the privilege is abandoned. French v. Braintree Manuf. Co. 23 Pick. 216. The case shoAvs no abandonment. The City Factory Avas burnt doAvn, but the dam remained and raised the Avater; and the Avater poAver was in fact used, by means of gearing connecting the water wheel with machinery. The dam Avas afterwards carried aAvay;…
2Cited by3 opinions
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- Sansotta v. PittsburghSupreme Court of Pennsylvania · 1938
- Dubin v. City of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1938