Lancey v. Clifford
Supreme Judicial Court of Maine
On Report. Case, for building a dam across the Sebasticook river, in the town of Benton, whereby the plaintiff alleged he was prevented from floating his logs to market.
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On Report. Case, for building a dam across the Sebasticook river, in the town of Benton, whereby the plaintiff alleged he was prevented from floating his logs to market. When the plaintiff’s evidence was all in, the defendants offered to prove each of the following propositions : — That they, in connection with one Asher Hinds were, at the time of the erection of said dam, and during all the time embraced in the plaintiff’s declaration, the lawful owners of the land where said dam was erected. That the stream upon and across which it was erected and maintained was not navigable for vessels or…
1Opinion of the CourtDickebsoN, J.
Case, for erecting a dam across the Se-baslicook river, in the town of Benton, whereby the plaintiff was prevented from using the same, as a highway, for floating his logs.
After the plaintiff had closed his testimony, the defendants offered to prove certain propositions, but the presiding Judge ruled that the evidence offered would not constitute a defence to the action; and thereupon a default was entered, and the defendants excepted. The exceptions raise the single question of law, whether the evidence offered would be a valid defence to the action.
A stream which, in its natural condition,…
2Cases cited2 opinions
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