Brown v. Chadbourne
Supreme Judicial Court of Maine
Case for maintaining a dam across Little river, and thereby obstructing the passage of the plaintiff’s logs. It is a fresh water river, three miles long, flowing from Boyden’s lake to tide water. Its width varies from seven or eight feet to three or four rods. The defendant owns land on both sides of the river, and has a dam and mills there, and a large quantity of his logs were resting upon the dam.
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Case for maintaining a dam across Little river, and thereby obstructing the passage of the plaintiff’s logs. It is a fresh water river, three miles long, flowing from Boyden’s lake to tide water. Its width varies from seven or eight feet to three or four rods. The defendant owns land on both sides of the river, and has a dam and mills there, and a large quantity of his logs were resting upon the dam. The plaintiff had a quantity of logs in the river, for the purpose of being driven to his mill, below the defendant’s dam. But they were prevented from passing, by means of the mass of the…
1Opinion of the CourtWells, J.
This is an action on the case for erecting and maintaining a dam across a stream, called Little river, and obstructing the passage of the water, and the plaintiff’s logs.
The river is about three miles in length and runs from Boy-den’s lake to the tide waters. It varies in its width, from seven or eight feet, to three or four rods, and it has been used *19many years for floating logs and rafts, and sometimes boats. 'Within twenty years, several darns and mills have been erected upon it.
The plaintiff disclaimed the right to recover, upon the ground of prescription or user, but claimed it because…
2Cases cited3 opinions
- Inhabitants of Arundel v. M'CullochMassachusetts Supreme Judicial Court · 1813
- Adams v. PeaseSupreme Court of Connecticut · 1818
- Colburn v. RichardsMassachusetts Supreme Judicial Court · 1816
3Cited by33 opinions
- United States v. CressSupreme Court of the United States · 1917
- Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
- Backus v. City of DetroitMichigan Supreme Court · 1882
- Bucki v. ConeSupreme Court of Florida · 1889
- Gaston v. MaceWest Virginia Supreme Court · 1889
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