Carleton v. Cleveland
Supreme Judicial Court of Maine
Reported upon agreed statement of facts. Judgment for plaintiff for damages assessed at the sum of three dollars. This is an action on the case to recover damages for diminishing the contents of and retarding the Sow of water from plaintiff’s mill pond upon Megunticook River. Plea is the general issue.
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Reported upon agreed statement of facts. Judgment for plaintiff for damages assessed at the sum of three dollars. This is an action on the case to recover damages for diminishing the contents of and retarding the Sow of water from plaintiff’s mill pond upon Megunticook River. Plea is the general issue. The case was reported by agreement to the Law Court upon the writ, pleadings, agreed statement of facts, plan and photograph; the Law Court to render such final judgment therein as the law and the facts require. The case is stated in the opinion.
1Opinion of the CourtBird, J.
This is an action on the case brought for the recovery of damages for diminishing the contents of and retarding the flow of water from plaintiffs’ mill pond or storage basin upon the Megunticook River. The case is reported upon an agreed statement of facts, plan and photograph. The properties of plaintiffs and defendant are separated by a bridge (forming a part of a street) the abutments of which, with apparently solid fill, are much nearer together than the margins of the river. It is agreed that plaintiffs have the right to flow the lands above the bridge to increase the supply of water for…
2Cases cited6 opinions
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
- Oliver v. DickinsonMassachusetts Supreme Judicial Court · 1868
- Boston Mill Corp. v. BulfinchMassachusetts Supreme Judicial Court · 1810
- Ware v. AllenMassachusetts Supreme Judicial Court · 1886
- Seeley v. BrushSupreme Court of Connecticut · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rio Bravo Oil Co. v. WeedTexas Supreme Court · 1932
- Day v. AdkinsWest Virginia Supreme Court · 1930