Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-12

mills Of various kinds have been run
by the water power thereby developed;
that the plaintiffs now own the whole
of said dam which is about 1926 feet
long and . feet high, and upon the
same are at present two grist mills,
saw mill planning mill, shingle mill
and electric power plant, the machin-
cry in which mills is driven by seven
water wheels.
Scccnd-That in the fan Of 1903 the
defendant built a dam across the Sc
basticoOk river about two and one-half
miles below the dam Of the plaintiffs
which said dam is II o.-100 feet in
height and is as high as a dam could
be erected at said site without causing
the water of the river to flow back
uuon the llantiff'S wheels at said
Clinton.
Third-That since said dam was con-
structed of the height OF IL 22-1O0 feet
the defendant company has added t.
the height Of the same by flash boards
and other temporary structures, so
that it is about four feet higher than
originally constructed, and that said
additions to the height of said dam
causes the water Of the river to flow
back 3pon the plaintiffs wheels at said
Clinton So that they are unable to
operate their said mills, and are COM
PEELED to shut down their machinery
entirely for long periods of time, and
lose the profits which they would other
wise obtain from the operation of said
mills; that for Il long time through
the winter of 1867 they were unable
to run their mills, especially the saw
mill, at said Clinton, because of The
back water caused by the said addi-
tionS made to said dam.
Fourth--That on or about the 9th
day Of February, 1908. a part Of said
dam was carried away, ard the defend
ant has commenced to rebuild said
dam, ana the plaintiffs are informed
and believe and therefore aver that it |
is the intention of said defendant to
rebuild said dam of the same height |
as il was originally built, and to in
crease the height of said dam by fash |
boards and other temporary structures |
SO that, with these additions it will be |
NOR" than l. feet in height That said |
defendant claims the right to maintain !
said dam at said height Of more than
Is feet.
Fifth--That the maintenance Of the
dam at said height Of more
than II feet at which it is maintained |
and 1T which the defendant as the
plaintiffs are informed and believe, in
tends to maintain said dam, is about |
four feet higher than it can he legal
~ maintained by the defendant with
out causing damage to the plaintiffs
said mill privilege by reason of back
water, and that the maintenance of
said dam by the defendant has already
caused great damage to the plaintiffs
and viii cause still greater damage in
the future.
Wherefore the plaintiffs pray this
honorable court to grant th"m its writ
Of injunction directed against the Sc
iaStiCook Water Power Co, retaining
il. its officers, attorneys, agents or
from erecting or maintaining
its said dam ut a greater height than
II 22-1G0 feet. and also that it issue
its writ of subpoena to said defend
ant commanding it to appear before
this honorable court to answer to this
bill of complaint
BY agreement OF the parties the gap
in tho dam of the Sebasticook Water
Power Go. pending Il final hearing Oh
the matter can be built to certain
height and fiashboards used i'll the gap
to. be removed if it is found that the
plaintiffs are injured Another hearing |
on tho matter will be held at a future
date.
Charles +. Johnson Of Waterville ap
pears rs counsel for the plaintiffs and |
Norman l.. Bassctt of Augusta and |
Percy A. Smith of Fairfield for the de- |