86 Me. 319 | Me. | 1894
This is an action to recover rent for the use of flats on the easteidy shore of the Kennebec river, in the town of Dresden. The action has been referred, a hearing had, a report made, and the report accepted ; and the caséis before the law court on exceptions to the acceptance of the report. The award was in favor of the plaintiff and the Ice Company excepts.
The only question argued by' counsel, and the only one we find it necessary to consider, is whether an ice company, operating upon one of our public rivers, has a right to deposit the snow scraped from its ice upon the flats of an adjoining owner, without the latter’s consent.
We think the question must be answered in the negative. No case has been found which sustains such a right, and we do not think it can be maintained upon principle.
The argument urged in its support rests upon a supposed analogy between the rights of fishermen and the rights of ice-cutters. It is. claimed that, if a fisherman may enter upon another’s flats, and anchor his boat there, and dig up the soil in summer, or, in winter, place an ice boat or a hut upon the frozen surface, an ice-cutter, by analogy, should be allowed temporarily to incumber another’s flats with the snow scraped from his ice.
We can not admit the soundness of this argument. Property rights can not be established by analogy alone. The fisherman
Exceptions overruled.