Wadsworth v. Smith
Supreme Judicial Court of Maine
This was an action of assumpsit on an account annexed to the writ, which contained several charges for slipping logs on ten-mile broolc, and for the use of demon’s pond. The facts in the case appeared at the trial, in the report of Rufus Mclniire, Esq. who had gathered and stated them by-agreement of the parties.
Read the full summary
This was an action of assumpsit on an account annexed to the writ, which contained several charges for slipping logs on ten-mile broolc, and for the use of demon’s pond. The facts in the case appeared at the trial, in the report of Rufus Mclniire, Esq. who had gathered and stated them by-agreement of the parties. That part of the report relating to the ■ points raised and decided, was as follows, viz : “ Ten-mile broolc is a small stream in Brownfield, emptying into Saco river. Two or three miles above its mouth, there are mills on a dam across it, where the slip in question is situated.…
1Opinion of the Court
Parms J.
at the ensuing May term in this County, delivered the opinion of the Court.
We are of opinion that the reservation in Howard’s deed to Wadsworth, the intestate, gave the former an unrestricted right to slip his own mill logs through the dam free of toll, but that it was a personal right, to be exercised by Howard only, and not assignable. It could have no operation in favor of any person, other than Howard, or in favor1 of any logs other than such as belonged to him. The logs slipped by the defendant, not being Howard’s logs, were not included in the reservation, and the plaintiff has…
2Cited by14 opinions
- United States v. CressSupreme Court of the United States · 1917
- Beardslee v. New Berlin Light & Power Co.New York Court of Appeals · 1912
- Gaston v. MaceWest Virginia Supreme Court · 1889
- Stanton v. Trustees of St. Joseph's CollegeSupreme Judicial Court of Maine · 1967
- Kamm v. NormandOregon Supreme Court · 1907
9 more not listed; retrieve them via the Exa API.