Webb v. Portland Manuf'g Co.
U.S. Circuit Court for the District of Maine
Bill in equity for an injunction by the plaintiff to prevent the defendant from diverting a watercourse from the plaintiff’s mill, and for further relief.
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Bill in equity for an injunction by the plaintiff to prevent the defendant from diverting a watercourse from the plaintiff’s mill, and for further relief. The facts admitted on all sides were, that at the Saccarappi Palls, on the river Pre-sumpscut, there were two successive falls, upon which there are erected certain mills and milldams, the latter being called the upper and the lower milldams, and the distance between them is about forty or fifty rods; and the water therein constituted the mill-pond of the lower dam. The plaintiff is the owner of certain mills and mill privileges, in…
1Opinion of the Court
STORY, Circuit Justice.
The question, which has been argued upon the suggestion of the court, is of vital importance in the cause; and, if decided in favor of the plaintiff, it supersedes many of the inquiries, to which our attention must otherwise be directed. It is on this account, that we thought it proper to be argued, separately from the general merits of the cause. The argument for the defendants then presents two distinct questions. The first is, whether, to maintain the present suit, it is essential for the plaintiff to establish any actual damage. The second is, whether, in point of…
2Cases cited5 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
- Lincoln v. HapgoodMassachusetts Supreme Judicial Court · 1814
- Kilham v. WardMassachusetts Supreme Judicial Court · 1806
- Van Bergen v. Van BergenNew York Court of Chancery · 1818
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