Legal Opinion

Jordan v. Woodward

Supreme Judicial Court of Maine

Decided July 1, 1885PublishedCited by 12 opinions

Bill in Equity, praying that defendants might be enjoined from completing piers upon their land overflowed by a mill-dam, and from constructing booms upon the mill-pond where the complainants bad been accustomed to boom the logs for supplying their mills. There was a hearing of the case at Nisi Prius, before Hathaway, J., when a temporary injunction was granted.

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Bill in Equity, praying that defendants might be enjoined from completing piers upon their land overflowed by a mill-dam, and from constructing booms upon the mill-pond where the complainants bad been accustomed to boom the logs for supplying their mills. There was a hearing of the case at Nisi Prius, before Hathaway, J., when a temporary injunction was granted. The respondents subsequently filed a demurrer to the bill, and the case came up for argument before the full Court. All the essential facts in the case are stated in the opinion of the Court. The question was as to the rights of the…

1Opinion of the CourtRick, J.

From the bill and accompanying documents, including the plan referred to at the argument, it appears that, in 1840, Seth Tisdale and his associates were possessed of a mill privilege on Union river, in the town of Ellsworth, upon which they erected what is now known as the “Five Saw Dam,” and constructed thereon three single and one double saw-mill. The single saw-mill now owned by the defendant Woodward, is located on that dam, upon the west side of the river; the two remaining single mills, owned by the plaintiffs, and the double mill, are on the same dam, but on the east side of the river.…

2Cited by12 opinions

  1. Varner v. MartinWest Virginia Supreme Court · 1883
  2. Fallsburg, &c. Co. v. AlexanderSupreme Court of Virginia · 1903
  3. Wheelon v. South Dakota Land Settlement BoardSouth Dakota Supreme Court · 1921
  4. Orono-Veazie Water District v. Penobscot County Water Co.Supreme Judicial Court of Maine · 1975
  5. Oury v. GoodwinArizona Supreme Court · 1891

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