Plimpton v. Richards
Supreme Judicial Court of Maine
ON EXCEPTIONS. Case for damages alleged to be caused by the flowing back of the water of the Cobbossecontee stream, in Gardiner, upon the plaintiff’s mills on Purgatory stream, in Litchfield.
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ON EXCEPTIONS. Case for damages alleged to be caused by the flowing back of the water of the Cobbossecontee stream, in Gardiner, upon the plaintiff’s mills on Purgatory stream, in Litchfield. So much of the writ as is essential was as follows: “We command you to attach the goods and estate which were of Robert Hallowell Gardiner, late of Gardiner, in said county of Kennebec, deceased, in the hands and custody, and under the administration of Frederic Gardiner, J. W. T. Gardiner, and Francis G. Richards, executors of the last will and testament of the said R. II. Gardiner, Esq., to the value…
1Opinion of the CourtAppleton, C. J.
This is an action on the case against the defendants, as executors under the will of Robert H. Gardiner, to recover damages alleged to be caused by raising the dam on Cobbos-secontee stream, in Gardiner, by which the plaintiff’s lands are flowed.
The writ alleges that the defendants, “in their capacity as executors, contriving and intending to injure the plaintiff and deprive him of the use and benefit of (his) said mills, mill-dam, and privilege, did . . . erect, build, maintain, and keep a certain dam upon and across the said Cobbossecontee stream,” etc.
By the will of Gardiner, it appears…
2Cited by5 opinions
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