Morton v. Franklin Co.

62 Me. 455 | Me. | 1873

Walton, J.

This is a complaint for flowage. It contains no allegation of the defendant’s ownership of the land on which the dam causing the flowage was erected. It was decided in Jones v. Skinner, 61 Maine, 25, that such a complaint is fatally defective.

Exceptions sustained.

Complaint adjudged bad.

Appleton, C. J., Dickerson, Barrows, Danforth and Yirgin, JJ., concurred.