Washburn v. Gilman
Supreme Judicial Court of Maine
On exceptions. Case for a nuisance occasioned by casting out of the defendant’s saw-mill and into tbe Piscataquis river refuse stuff, which was floated by a freshet in the spring of 1871, upon the interval land of the plain tiff,, situated below the mill, upon the same stream, so that great injury was thereby caused and considerable expense in removing the same.
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On exceptions. Case for a nuisance occasioned by casting out of the defendant’s saw-mill and into tbe Piscataquis river refuse stuff, which was floated by a freshet in the spring of 1871, upon the interval land of the plain tiff,, situated below the mill, upon the same stream, so that great injury was thereby caused and considerable expense in removing the same. The defendant pleaded the general issue, with a brief statement of a lawful right to cast his refuse stuff into the river, by a prescription in himself and those under whom he claimed by forty years uninterrupted user; also, by the…
1Opinion of the CourtAppleton, C. J.
The defendant is a mill owner on the Piscataquis river. The plaintiff brings this action to recover damages by reason of the butts, edgings, saw dust, &c., thrown by the defendant into this river,-which stuff floating upon his land injured the grass upon his meadows and was removed therefrom at great expense.
The defendant requested the court to instruct the jury “that the defendant has the right to cast into the Piscataquis river the slabs, hearts, edgings, saw dust and other waste stuff made by his mills, and if by the great freshet of March 13, 1871, and the jamming of the ice on the island…
2Cases cited2 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Howell v. M'CoySupreme Court of Pennsylvania · 1832
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- California Orange Co. v. Riverside Portland Cement Co.California Court of Appeal · 1920
- Jenkins v. Pennsylvania RailroadSupreme Court of New Jersey · 1902
- Bishop v. Readsboro Chair Manufacturing Co.Supreme Court of Vermont · 1911
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