Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-04-18

The South Gardiner Lumber Co. 2
corporation organized under the laws
of the State Of Maine and having a
place of business in said Gardiner, in
the county of kennehec and State Of
Name complains against the American
Ice CO.. Il corporation established by
law and having a place of business ia
said Gardiner, and says:
/. The plaintiff is the owner and in
possession of a large amount of real
and personal estate, consisting Of lands,
mills, machinery, wharves ana piers
employed in saving and manufacture
ing lumber. situated in said Gardiner.
west bank of the kennebec river,
which said river is navigable for YES
sells and boats. The plaintiff has so
owned said property ana has been en-
gagged in said business for many years.
having a capital employed in said
business of about S200.000. and now en-
ploying in its operation about 100 per-
sons when in operation, and now about
tn commence its business and opera.
ton for the season of 1903.
:, In the operation of it's said mill.
the plaintiff obtains :!s logs to be
sawed into lumber from its bnome law
fully placed II said Kcnnche.. river.
Over and by means Of a slip. sn- call~ y.
lawfully erected, and extending from
its saw mill into the said kennebcc
river to and below low water mark in
said river.
3. At the time of the erection of
said slip, and at the present time the
ncintjff StiI &c. 10
titled to the unobstructed use of the
entrance, or apron, so-cailed, of said
slit. for the purpose of conducting its;
said logs from its said booms over said
slip to it's said mill.
4, That the defendant CORPORATION.
through it's superintendent, it's SER
wants and employees. is now deposit
ing in front of and upon the said en-
trance or apron. >o-c;illed, to the said
plaintiffs slip, as aforesaid, and be-
yonI or outside thu. low water mark
IN said river. large quantities of stones,
logs. rocks and other Instructions, and
is so flling up the said river at such
point as to entirely ObStruct the en-
trance or passage way to the said
plaintlfi'S apron or Slip and entirely
preventing the said plaintiff from
hoatlng its logs to and upon the said
SHIP. or from operating or in any way
using its said mill in it's business. as
aforesaid, Whereby, the plaintiff loses
ana Will continue to lose the benefit
advantage and profit of it's said mill
ana VIII be compelled to eXpend largo
sums of money to remove the said OBJ
s,ruction, and great damage has been
done to the plaintiff, and the same con-
stltutcs great nuisance, which is
rapidly increasing and becoming moro
lntpleratlo, and these operations, above
stated. are still continued, and will be
continued. although the defendants
nave been requested by the PLAINTIFF
to discontinue the same, and the de-
struction of the plaintiffs property will
take place and irreparable injury re-
suit. unless the defendant is restrained
by Injunction
wherefore the plaintiff prays:
I. That the said defendant CORPORA
ti"n, It's superintendent, agents. ser
warts and employees may be tempor-
arily enjoined from casting or deposit
ing IN said river in front of and upon
the said plaintiffs slip, or apron. anv
stones, logs, rocks or other material
~ any, kind. or in any way iniuring the
Tree and lawful use of said slip or
apron by the said plaintiff.
:. That the said defendant corpora