Union Water Power Co. v. Inhabitants of Lewiston
Supreme Judicial Court of Maine
On report. Action on the case against the defendant city to recover damages for diverting and drawing more water from the plaintiff company’s dam for power purposes than the defendant city is entitled to draw for such purposes.
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On report. Action on the case against the defendant city to recover damages for diverting and drawing more water from the plaintiff company’s dam for power purposes than the defendant city is entitled to draw for such purposes. The declaration in the plaintiff’s writ is as follows: “In a plea of the ease, for that the plaintiff, on the fifth day of November, 1878, was and ever since, down to the present time, has been and now is the owner of certain stone dams across the Androscoggin Ziiver^tthe head of the falls on said river between Lewiston and Alburn and m he land on both sides of said…
1Opinion of the CourtEmery, J.
This action is for drawing more water from the plaintiff company’s dam for power purposes than it concedes the defendant city is entitled to draw for those purposes. We have no occasion to enter upon any inquiry as to either party’s legal -rights to the water apart from the terms of a grant by written indenture made to the city by the plaintiff’s predecessor in title, since for reasons hereinafter stated the amount of water the city is entitled to draw for power is fixed and limited by the terms of that indenture. The problem, therefore, is to ascertain what amount of water is named or…
2Cases cited3 opinions
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Manning v. SmithSupreme Court of Connecticut · 1826
- Green Bay & Mississippi Canal Compact v. Kaukauna Water Power Co.Wisconsin Supreme Court · 1901
3Cited by9 opinions
- Johnson v. American Automobile InsuranceSupreme Judicial Court of Maine · 1932
- Baldwin v. MagenSupreme Court of Pennsylvania · 1924
- Oleson v. BergwellSupreme Court of Minnesota · 1939
- Gillespie v. WorcesterSupreme Judicial Court of Maine · 1974
- Hardin v. Dimension Lumber Co.Oregon Supreme Court · 1932
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