Stowell v. Lincoln

Massachusetts Supreme Judicial Court

Stowell v. Lincoln

77 Mass. 434

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1858

StatusPublished

This text of 77 Mass. 434 (Stowell v. Lincoln) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stowell v. Lincoln, 77 Mass. 434 (Mass. 1858).

Pincite

Opinion

By the Court.

The court have no doubt upon this subject. The question submitted to the arbitrators was of legal right, involving matter of law and fact. There was an actual diversion of a watercourse. If the proprietor through whose land it passed could take it out in such a manner as to return it to the proprietor below, subject to the reasonable uses of the first proprietor, he had a right to do it. But the arbitrators have found that the legal right of the plaintiff was invaded, and therefore some damages follow. Cook v. Hull, 3 Pick. 269. Bolivan Manuf. Co. v. Neponset Manuf. Co. 16 Pick. 246.

Judgment on the award.

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By the Court.

The court have no doubt upon this subject. The question submitted to the arbitrators was of legal right, involving matter of law and fact. There was an actual diversion of a watercourse. If the proprietor through whose land it passed could take it out in such a manner as to return it to the proprietor below, subject to the reasonable uses of the first proprietor, he had a right to do it. But the arbitrators have found that the legal right of the plaintiff was invaded, and therefore some damages follow. Cook v. Hull, 3 Pick. 269. Bolivan Manuf. Co. v. Neponset Manuf. Co. 16 Pick. 246.

Judgment on the award.

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Bluebook (online)

77 Mass. 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stowell-v-lincoln-mass-1858.