Legal Opinion

Stone v. City of Augusta

Supreme Judicial Court of Maine

Decided July 1, 1858PublishedCited by 6 opinions

Exceptions from the ruling of Rice, J.; and on Motion of defendants to to set aside the verdict, as being against law and evidence. This is an Action on the Case, for diverting the water of Bond’s brook, by the erection of a bridge, whereby damage was caused to the premises of the plaintiff.

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Exceptions from the ruling of Rice, J.; and on Motion of defendants to to set aside the verdict, as being against law and evidence. This is an Action on the Case, for diverting the water of Bond’s brook, by the erection of a bridge, whereby damage was caused to the premises of the plaintiff. The plaintiff read in evidence a deed of the premises from Thomas Fuller to himself, dated September 10, 1844, which are bounded thus: — “Beginning at the north line of lot No. 10, on the south side of the road leading to the grist-mill formerly owned by James Bridge, Esq.; thence southerly and easterly…

1Opinion of the Court

The opinion of the Court was delivered by

Rice, J.

The case is presented on exceptions and report. Two grounds for exception were presented. First, that the Court erred in declining to instruct the jury, that the plaintiff’s deed bounds him by the bank of the stream, and that it does not give him the rights of a riparian proprietor, so as to maintain this action for damages growing out of the change of the current of the water.

There will be found, on examination of the books, many technical rules by which to determine the effect of the descriptive terms of deeds, grants, &c., bounding lands…

2Cases cited1 opinion

  1. Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by6 opinions

  1. City of Peoria v. Central National BankIllinois Supreme Court · 1906
  2. Matsumura v. County of HawaiiHawaii Supreme Court · 1908
  3. Gilman v. LaconiaSupreme Court of New Hampshire · 1875
  4. State Ex Rel. Clark v. LibbertIndiana Court of Appeals · 1931
  5. Cole v. P. & L. E. R. R.Superior Court of Pennsylvania · 1932

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