Inhabitants of Charlotte v. Pembroke Iron Works
Supreme Judicial Court of Maine
On REPORT. This was an action on the case to recover damages of the defendants for erecting and maintaining a dam on the Pemaquam river, in 1874 and ever since, whereby the county road in the plaintiff town was overflowed, the road-bed injured, and the plaintiffs thereby put to expense for its repair, etc. The case was referred to a referee who made a report in favor of the plaintiffs, — awarding the sum of five dollars as damages.
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On REPORT. This was an action on the case to recover damages of the defendants for erecting and maintaining a dam on the Pemaquam river, in 1874 and ever since, whereby the county road in the plaintiff town was overflowed, the road-bed injured, and the plaintiffs thereby put to expense for its repair, etc. The case was referred to a referee who made a report in favor of the plaintiffs, — awarding the sum of five dollars as damages. He also specially reported as follows: “But I further find and award that the defendants and their grantors have flowed the water upon the road in the same manner…
1Opinion of the CourtFoster, J.
The defendants and their grantors had maintained a dam on the Pemaquam river, in the town of Charlotte, on account of which the waters in the outlet of Pound pond were raised so that, during portions of the year, they overflowed the highway passing near the foot of the pond, and washed out, gullied and otherwise injured the same, thereby causing the town to incur expenses from year to year in repairing the same. The water had overflowed the road in the same manner and to the same extent, as during the time covered by the plaintiffs’ declaration, for more than twenty years prior to the time…
2Cases cited12 opinions
- Milhau v. . SharpNew York Court of Appeals · 1863
- Mills v. HallNew York Supreme Court · 1832
- Inhabitants of Stoughton v. BakerMassachusetts Supreme Judicial Court · 1808
- Commonwealth v. AlburgerSupreme Court of Pennsylvania · 1836
- Inhabitants of Arundel v. M'CullochMassachusetts Supreme Judicial Court · 1813
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3Cited by3 opinions
- Portland Water District v. Town of StandishSupreme Judicial Court of Maine · 2006
- Brooks v. BessSupreme Judicial Court of Maine · 1937
- Burnham v. HolmesSupreme Judicial Court of Maine · 1940