Kaler v. Beaman
Supreme Judicial Court of Maine
On Report. Trespass quare clausum fregit, for cutting plaintiff’s flume and encumbering his land with lumber, &c. The case is stated in the opinion.
1Opinion of the Court
The opinion of the Court was drawn up’by
Rice, J.
December 19, 1845, Joseph Kaler, whose title *208tbe plaintiff now has, conveyed to Daniel Merrill, under whom the defendants claim title, a tract of laud in Belfast which is particularly described by monuments, "with the right of a free and open road where it now travels, from the high way ” to the described parcel, being a mill privilege; also, the "right to draw from said Kaler’s flume, when it shall best convene said Merrill, "water enough, applied to an overshot wheel, to carry a gang of thirty marble saws or a six horse power.”
By this deed,…
2Cited by5 opinions
- Beckwith v. RossiSupreme Judicial Court of Maine · 1961
- Badger v. HillSupreme Judicial Court of Maine · 1979
- Reed v. AC McLoon & CompanySupreme Judicial Court of Maine · 1973
- Maasen v. ShawMissouri Court of Appeals · 2004
- Poire v. ManchesterSupreme Judicial Court of Maine · 1986