Warren v. Westbrook Manufacturing Co.
Supreme Judicial Court of Maine
On report. Bill in equity, heard on bill and demurrer, praying for a partition and division of the water of the Presumpscot River and of its use at Saccarappa Upper Falls between the riparian owners.
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On report. Bill in equity, heard on bill and demurrer, praying for a partition and division of the water of the Presumpscot River and of its use at Saccarappa Upper Falls between the riparian owners. To accomplish this end the, bill specially prays that, under the supervision of the court, provision may be made for dividing such water between the plaintiffs and the defendant according to their respective rights; and that for this purpose surveys and measurements of the water may be had and the said parties may be assigned their aliquot parts by such devices as are in common use by hydraulic…
1Opinion of the CourtEmery, J.
This equity cause was heard on bill and demurrer. The case stated, independent of the legal inferences drawn, is* substantially as follows. The Presumpscot River, a nou-tidal, stream, as it flows through Saccarappa Village at the place called Saccarappa Upper Falls, forms an island about three hundred and fifty feet long, and one hundred and fifty feet wide. In forming this island, the river divides itself into two branches or channels; one flowing on the easterly side, and the other on the westerly side of the island. In each of these branches or channels, are falls affording valuable water…
2Cases cited4 opinions
- Nev. Cty. & Sacramento Canal Co. v. KiddCalifornia Supreme Court · 1869
- People ex rel. Tibbits v. Canal AppraisersNew York Supreme Court · 1835
- Crooker v. BraggNew York Supreme Court · 1833
- West v. Fox River Paper Co.Wisconsin Supreme Court · 1892
3Cited by5 opinions
- Sisters of St. Joseph Corp. v. Atlas Sand, Gravel & Stone Co.Supreme Court of Connecticut · 1935
- Knowlton Bros. v. New York Air Brake Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Penobscot Nation v. MillsDistrict Court, D. Maine · 2015
- Penobscot Nation v. MillsCourt of Appeals for the First Circuit · 2017
- Penobscot Nation v. MillsCourt of Appeals for the First Circuit · 2017