Hinckley v. Nickerson
Massachusetts Supreme Judicial Court
Tori for depriving the plaintiff of the use of a stream of water for the operation of his grist-mill, and of his use of it for the purpose of flowing a cranberry bog adjacent to said stream.
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Tori for depriving the plaintiff of the use of a stream of water for the operation of his grist-mill, and of his use of it for the purpose of flowing a cranberry bog adjacent to said stream. Trial in the Superior Court, before Dewey, J., at October term 1874, who, by consent of the parties, reported the case, before verdict, for the consideration of this court, in substance as follows : The plaintiff was the owner of an ancient grist-mill, which he had for many years operated, and which was supplied by water from the pond and stream above it. He was also the owner of a cranberry bog above his…
1Opinion of the CourtWells, J.
One, through whose land a stream of water flows is not liable to an action at law for using the water in a reason *215able manner for any purpose for which he has a legal right to use it.
Under the St. of 1866, e. 206,* the defendant had a legal right to maintain a dam for the purpose of flowing and irrigating his land for the cultivation of cranberries.
Neither the provision that “no such dam shall be erected to the injury of any mill lawfully existing, either above or below it, on the same stream; ” Gen. Sts. c. 149, § 2; nor any right which may be acquired for an ancient mill by prescription,…
2Cited by4 opinions
- Howes v. GrushMassachusetts Supreme Judicial Court · 1881
- Turner v. NyeMassachusetts Supreme Judicial Court · 1891
- Nye v. SwiftMassachusetts Supreme Judicial Court · 1906
- Swift v. Inhabitants of FalmouthMassachusetts Supreme Judicial Court · 1896