Legal Opinion

Crosby v. Bessey

Supreme Judicial Court of Maine

Decided July 1, 1860PublishedCited by 3 opinions

Action oe the case against tlie defendant for throwing ground bark from his tannery, in Albion, into the stream on which the tannery is situated, which bark, it is alleged, was carried down by the stream, and deposited on the plaintiif’s land below, to the damage of the plaintiff. Plea, the general issue, with a brief statement, claiming a right in the defendant to throw bark from his tannery into the stream, and denying that he had committed any unlawful act.

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Action oe the case against tlie defendant for throwing ground bark from his tannery, in Albion, into the stream on which the tannery is situated, which bark, it is alleged, was carried down by the stream, and deposited on the plaintiif’s land below, to the damage of the plaintiff. Plea, the general issue, with a brief statement, claiming a right in the defendant to throw bark from his tannery into the stream, and denying that he had committed any unlawful act. May, J., presiding, instructed the jury that, if the defendant had the right to throw bark ground by him into the stream, and did so…

1Opinion of the Court

The opinion of the Court was drawn up by

Goodenow, J.

This is an action on the case, to recover damages of the defendant, for throwing the ground bark, from his tannery, into the stream upon which said tannery is situated, the same bark being carried by the current down the stream and deposited on the plaintiff’s land below, to his injury.

The defendant, by his brief statement, claims a right to throw bark from his tannery into said stream, by prescription.

The verdict was for the plaintiff. And the jury found specially, in answer to questions propounded to them by the Court, that the defendant,…

2Cited by3 opinions

  1. Matthews v. Stillwater Gas & Electric Light Co.Supreme Court of Minnesota · 1896
  2. Fansler v. City of SedaliaMissouri Court of Appeals · 1915
  3. Ensign v. WallsMichigan Supreme Court · 1948

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