Bryant v. Glidden
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Tenney, J., presiding. Complaint for flowing the complainaut’s land, by means of a mill-dam. The complaint charges that for more than three years the respondents had raised to an increased height, and maintained at such height, a dam across the Damariscotta river, to raise a head of water necessary for working their water mill, thereby overflowing and injuring the meadow and marsh land of the complainant.
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On Exceptions from Nisi Prius, Tenney, J., presiding. Complaint for flowing the complainaut’s land, by means of a mill-dam. The complaint charges that for more than three years the respondents had raised to an increased height, and maintained at such height, a dam across the Damariscotta river, to raise a head of water necessary for working their water mill, thereby overflowing and injuring the meadow and marsh land of the complainant. The respondents pleaded the general issue, and also by brief statement, that they “have a right to maiutain the dam described in the complaint, and to flow all…
1Opinion of the Court
Shepley, C. J. —
This process was commenced to recover damages alleged to have been occasioned to the complainant’s land by the respondents’ mill-dam. A former verdict decided, *43that the respondents had not a right to flow it without being liable to damages, if any were occasioned by an increased height of the dam. Commissioners were subsequently appointed to ascertain the amount of damages, if any, and to decide upon the other matters required by the statute. Their report having been made and not proving to be satisfactory to the complainant, he requested, that a jury might be impaneled to try…
2Cases cited1 opinion
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