Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-05-14
BILLS IN EQUITY.
Filled in the Supreme judicial Court
Friday-Hearing Assigned.

A bill in equity was filed in the SUI
preme judicial court Friday by Arthur
F. PARROT and Albert w. Brooks
versus Joseph A. Shaw. all of Augusta.
to restrain the defendant from raising
its dam near the defendants mill
The allegations in the writ are as
follows:
First-The plaintiffs own and oper-
ate certain grist mill with its APP
purtenances situated on Bond brook,
SO called, in said Augusta, and said
mill and appurterances lawfully exist
and has for a long time prior to the
date hereof existed on Said stream:
and said plaintiffs oWn the mill site on
which said mill and mill dam has been
and now is lawfully erected and used.
And plaintiffs aver that their said
mill is operated and intended to be
operated by the water power create d
by the dam owned by them and is
maintained in connection with said
mill. and that said mill and the bushes $
connected Herewith cannot be oper-
ated or conducted successfully nor
except at great expense diSrropOr-
tiondte to and inconsistent ";th its
succe> sful operate unless in c"nnec-
ton with said dam and power.
Second-The Gefendant is the owner
of Il certain other mill with its appur-
tenanceS and OF a certain dam, all
situated on said Bond Brook, below the
mill Of the plaintiffs.
Third-The Defendant w"rn2fully
and unlaWfully proposes and intends
to raise The said dam, Of which he is
the owner. eighteen inches or more,
and has now commenced and is now
engaged in so raising and erecting sal id
dam as aforesaid
And the plaintiffs aver that said
raising and erection Of said dam will
greatly. irreparably and Immediately
| inJure their said min and mill site, by
flowing back the water upon their
wheel Thereby dcpriving them of the
power necessary TO efficiently operate
said mill ana business connected
| Herewith.
| And plaintiffs further aver that the
| damages which would result to the
operation of said mill and to said bust
| ness are of Il kind not capable of be
ing estimated, and for which adequate
ana complete compensation could not
b" recovered by any action ut law.
| Fourth And the plaintiffs further
aver that they have requested said de
PENDENT To drsiSi from the erection oi
said dam To their injury IN aforesaid
but that he ncSlcctS ana refuses so t.
dtSiSt ANA is proceeding herewith as
lafOreSaid.
| The prayer of the plaintiffs is rs
| follows:
| First-That the said defendant
Joseph a. Shaw, his agents, attorneys
and assigns may be cnioincd and re-
strained temporarily ana permanently
from raising said dam in any manner
S" as to injure or Interfere with the
plaintiffs min or mill site or tn,
operation thereof.
Secondhand that the plaintiffs may
| have such other ana further relief a.
the nature Of the ease may require
Third-.\hd may il please this hon
orablc court to issue lis subpoena l.,
he said Joseph a. Shaw commanding
him to appear before this court anc
answer To this bin Of complaint al
| such time and place as the court ma,
| order and abide the orders ANA decree.
OF court thereon.
y bill in equity was filed in the su
preme judicial court today by John W
Davies of Boston rs. the Davies, Rose
x Company, Maine corporation. ask
ing that the defendant corpora,ior
may be dissolved and terminated. The
plaintiff is the president Of the cor.
poration. y hearing on the bin vii
be held before Associate Justice Les
lie {. Cornish at the court house Fri
| day, June 3 at 10 A. NJ