Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-10-12
Referees Fix
Damages at $500
IN Water Power Case


Water District vs.. Central Maine
Power Co.-Finds Use Of Stream
at Rice Rips Made by Central
Maine Power Co. Was Not Rea-
sonabIe
That the plaintiff is entitled to re-
cover from the defendant damages in
the sum Of $500 is the finding of the
referees in the case of the kennebec
water District VS.. the Central Maine
Power Co., by their report which was
Med Tuesday at the office of Clerk Of
Courts Charles w. Jones and was ac-
cepted by the court. In this case, the
plaintiff company had claimed that
the Rice Rips plant fthe Central
Maine Power Co. on Messalonskee
stream was constructed in a way to
illegally cause damage to the kenne-
bee Water District dam and pumping
station down below ON the same
stream.
Hearing was held on the case in
August at Waterville before the ref
erees, Associate Justices Scott Will
son OF Portland, Luere 3. Deasy of
Bar Harbor, and John A. Morrill, Of
Auburn. Pattangall & Locke of Au-
gusta were counsel for the plaintiff
company, while William e. Shelton of
Lewiston and Everett Maxcy of Au-
gusta were attorneys for the Cen
trail Maine Power Co.
The referees in their report find in
substance that the structure at Rice
Rips in and Of itself is not an illegal
structure under the Mill Act and on
the evidence introduced in the case =;
that the use of the water made by the
, Central Maine Power Co. on Mesal-
onskee stream was unreasona BILE;
and that the damage sustained by
the plaintiff water district for the
period of time for which the suit was
brought was $500.
! In their report, the referees say in
part:
THE plaintiff is the owner of a
water privilege on Messalonskee
stream which has been developed for
many years, and since 1887 has been
used for the purposes for which it is
now used. In 1915 the defendant de-
veloped a hitherto unused privilege
on the same stream next above the
privilege Of the plaintiff and since
early in 1919 has used it for the gen
GRAFTON Of electricity. The plant was
designed to help the system over the
daily peak and was used in general
only during the day. That the use
of the defendants privilege as devel-
oped has resulted in some loss and
interruption to the plaintiff in the
enjoyment of it's privileges is not Sc
riously disputed. The question fol
our determination is whether the
plaintiff is entitled to compensation
from the defendant for the loss ant
interruption Or whether it is damun
absque iniuria The answer to thi.
. question depends upon whether The
development and use by the plaintiff
Is reasonable use of the water OF
the stream. Both parties concedf
that this is the issue.
" Every proprietor of land through
which "a current of water flows has
a right to the use of it on his owl
land, and amongst other things foi
mill purposes making such reason
able use of it and of the mill power
furnished by it az he can make con
sistently with a like reasonable USE
bv other proprietorS above and be
low, through whose land il passes
What is a reasonable use must depend
on circumstances: such as the Width
and depth of the bed. the volume o.
water of the fall previous usage. anC
the state of improvement in manufac-
tories &and the useful arts. Pitts vs.
Lancaster Mills. 13 Met. 15S. Gould
VS. Boston Duck Co IL Gray 442,452
Upon careful consideration OF
the evidence we find that during the
period covered hv tho writ. the de-
bfendant has made an unreasonable
use of the water Of MesSalonskee
stream. and has caused fluctuations
in the flow thereof. so that the plain
tiff has been deprived of the reason
able use of the water of said stream.
Without discussing the question of
excessive development We think that
II the defendant elected TO use power
which it has developed, during ten
or eleven hours of each secular dav.
lit should have permitted the water
to flow from its plant with reason
able regularity during those hours.
and should not have entirely oh
structed the flow of tho stream on
Sundays until some time in tho af-
ternoon. The use which the defend :
ant has made of the stream is not
that reasonably made by manufac-
turing plant operating on a ten or
eleven hour day during each secular
day.
Upon careful consideration of the