Heath v. Williams
Supreme Judicial Court of Maine
The action was trespass quare clausum, and was referred by a rule from this Court to a referee, who made a general report, that the plaintiff had not sustained his action, and that the defendant should recover costs of Court and costs of reference. The referee then proceeded as follows. No copy of the plan, or of either of the deeds referred to in the report, was found among the papers which came into the hands of the reporter.
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The action was trespass quare clausum, and was referred by a rule from this Court to a referee, who made a general report, that the plaintiff had not sustained his action, and that the defendant should recover costs of Court and costs of reference. The referee then proceeded as follows. No copy of the plan, or of either of the deeds referred to in the report, was found among the papers which came into the hands of the reporter. The plaintiff’s counsel having specially requested that the legal points arising in this suit may be presented for the determination of the Court, the following…
1Opinion of the Court
The opinion of the Court was drawn up by
Sheplet J.
This is an action of trespass quare clausum, brought to recover damages for an injury done to the flume *215leading water to the plaintiff’s tannery. The defendant admitted, that he removed some planks from it to let the water run off, and contended, that he had a legal right to do so; first, because the flume was upon his land; and secondly, because the plaintiff’s mill dam caused the water to flow back upon the wheel of his clothing mill, situated on a branch of the same stream.
The action was referred to the Judge of the Middle District Court,…
2Cited by11 opinions
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- Southern Railway Company v. SanfordSupreme Court of Alabama · 1954
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