Converse v. Symmes
Massachusetts Supreme Judicial Court
This was a complaint under the statute of 1795, c. 74, for the support and regulation of mills. The complainant alleges that he is seised of a certain parcel of land in Woburn, and that the said Symmes, being owner of a certain water-mill, to work which he had found it necessary to raise a suitable head of water, in doing which he had overflowed the said land of the complainant, &c.; wherefore he prays for a warrant to the sheriff to impanel a jury to appraise the yearly…
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This was a complaint under the statute of 1795, c. 74, for the support and regulation of mills. The complainant alleges that he is seised of a certain parcel of land in Woburn, and that the said Symmes, being owner of a certain water-mill, to work which he had found it necessary to raise a suitable head of water, in doing which he had overflowed the said land of the complainant, &c.; wherefore he prays for a warrant to the sheriff to impanel a jury to appraise the yearly damage done to him as aforesaid, and to determine how far the same may be necessary. The respondent pleads, in bar, that he…
1Opinion of the CourtSewall, J.
It appears in the proceedings that two persons, one of them not summoned, owned and occupied the mill, the dam of which has occasioned the nuisance and damage complained of by Converse ; and therefore it is argued for Symmes, that no judgment is to be rendered on these proceedings, notwithstanding the verdict of a jury, finding the fact of damages to the complainant, and assessing the same.
The authorities all apply to the case of plaintiffs; where the title is not wholly in one, and where the right of action depends on a title, which is alleged to be in one, but is proved to be in two or more…
2Cases cited16 opinions
- Allen v. SewallNew York Supreme Court · 1829
- Vail v. StrongSupreme Court of Vermont · 1838
- Wheelwright v. DepeysterNew York Supreme Court · 1806
- Bradish v. SchenckNew York Supreme Court · 1811
- Ambler v. BradleySupreme Court of Vermont · 1834
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Spooner v. RossMissouri Court of Appeals · 1887
- Thompson v. HoskinsMassachusetts Supreme Judicial Court · 1814
- Raymond v. PhippsMassachusetts Supreme Judicial Court · 1913
- Scott v. Kona Development Co.Hawaii Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.