Lowell v. Spring
Massachusetts Supreme Judicial Court
Lowell having lands flowed by a mill-dam, of which Spring was the owner, and having, under the statute of 1795, c. 74, had his annual damages for the overflowing assessed by a jury, and being dissatisfied with the damages so assessed, preferred his complaint to the Court of Common Pleas against Spring, to obtain an increase of his damages.
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Lowell having lands flowed by a mill-dam, of which Spring was the owner, and having, under the statute of 1795, c. 74, had his annual damages for the overflowing assessed by a jury, and being dissatisfied with the damages so assessed, preferred his complaint to the Court of Common Pleas against Spring, to obtain an increase of his damages. The respondent appeared, and reserving liberty to waive his plea, and to plead anew and double in this Court on the appeal, pleaded generally that the complainant ought not to have an increase of his damages, and concluded to the country. The complainant,…
1Opinion of the CourtParsons, C. J.
On examining the record in this case, and the *326statutes relating to processes of this kind, it appears to us that the appeal cannot be sustained. Upon a complaint originally preferred by the owner of lands overflowed by a mill-dam, against the owner of the dam, the respondent may defend himself by traversing the complainant’s title to the lands overflowed; or he may set up a right to overflow them, without payment of damages, or for an agreed composition; or he may deny that he is the owner of the dam, or that the complainant has sustained any damages.
S. Hubhard for the complainant. King, for…
2Cited by9 opinions
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