Morse v. Machias Water Power & Mill Co.
Supreme Judicial Court of Maine
Bill in Equity. The cause was heard upon bill, answer and proof. The prayer of the bill was, that the respondents might be restrained by a decree of the Court from making wider and deeper the channels through which certain mills upon the Machias river were supplied with water. The facts in the case, are fully stated in the opinion of the Court. By the R. S., c. 96, § 10, general chancery powers are conferred so as to embrace the whole field of chancery jurisdiction.
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Bill in Equity. The cause was heard upon bill, answer and proof. The prayer of the bill was, that the respondents might be restrained by a decree of the Court from making wider and deeper the channels through which certain mills upon the Machias river were supplied with water. The facts in the case, are fully stated in the opinion of the Court. By the R. S., c. 96, § 10, general chancery powers are conferred so as to embrace the whole field of chancery jurisdiction. This case comes within the class denominated nuisance. U. S. Equity Digest, Title Nuisance, paragraphs 40, 41. This Court, as a…
1Opinion of the CourtTenney, C. J.
It appears from the bill, answer and proof, that the mill Phoenix was built in the year 1163; — that it stands upon the north side of the Machias river, upon or below a dam erected across the same at the lower falls, and was the first mill built at that place; — that the privilege extends to the thread of the stream; — that at a time not particularly specified, another saw-mill, having therein two saws and other machinery for the manufacture of lumber, was erected by the owners of the Phoenix on the land and privilege belonging to them, called the “Rock mill”; — that on August 30, 1828,…
2Cases cited2 opinions
- Attorney-General v. Utica InsuranceNew York Court of Chancery · 1817
- Gardner v. Trustees of Village of NewburghNew York Court of Chancery · 1816
3Cited by6 opinions
- Potter v. StevensSupreme Court of Missouri · 1867
- Levesque v. PelletierSupreme Judicial Court of Maine · 1949
- Perkins v. FoyeSupreme Court of New Hampshire · 1881
- Eastman v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1866
- Parker v. Winnipiseogee Lake Cotton & Woolen Manuf'g Co.U.S. Circuit Court for the District of New Hampshire · 1859
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