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Philbrook et al. v. Berlin-Shelburne Power Co.
December 7, 1909 - Opinion
Case records
Open case page| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| December 7, 1909 | Philbrook et al. v. Berlin-Shelburne Power Co. Current page | Opinion | Supreme Court | Reporter |
Coós,
Dec. 7, 1909.
Philbrook & a. v. Berlin-Shelburne Power Co.
Petition, for the assessment of damages under the flowage act. The court refused to instruct the jury that they could not consider the fact that before the plaintiffs’ property was flowed it was available for the summer boarding business, and the defendants excepted. Transferred from the September term, 1908, of the superior court by Chamberlin, J.
Alfred B. Evans, Brew, Jordan, Shurtleff <f* Morris, and Enoch Foster (of Maine), for the plaintiffs.
Branch Branch, Sullivan Baley, and Anthoine Talbot (of Maine), for the defendants.
Young, J.
If the availability of the plaintiffs’ farm for a summer boarding-house made it more valuable than it otherwise would have been, it was proper for the jury to consider that fact; for the measure of the plaintiffs’ damages is the difference in the value of their farm before and after their meadow-land was flowed.
Befendants’ exception overruled.
All concurred.