Glossary : dam
Definition 1
A construction of wood, stone, or other materials, made across a stream of water for the purpose of confining it, a mole.
2. The owner of a stream not navigable, may erect a dam across it, and
employ the water in any reasonable manner, either for his use or pleasure,
so as not to destroy or render useless, materially diminish, or affect the
application of the water by the proprietors below on the stream. He must
not shut the gates of his dams and detain the water unreasonably, nor let
it off in unusual quantities to the annoyance of his neighbors. 4 Dall.
211, 3 Caines, 207, 13 Mass. 420, 3 Pick, 268, 2 N. H. Rep. 532, 17 John.
306, 3 John. Ch. Rep. 282, 3 Rawle, 256, 2 Conn. Rep. 584, 5 Pick. 199, 20
John. 90, 1 Pick. 180, 4 Id. 460, 2 Binn. 475, 14 Srrg. & Rawle, 71, Id. 9,
13 John. 212, 1 McCord, 580, 3 N. H. Rep. 321, 1 Halst. R. 1, 3 Kents Com.
354.
3. When one side of the stream is owned by one person and the other by
another, neither, without the eonsent of the other, can build a dam which
extends beyond the filum aqua, thread of the river, without committing a
trespass. Cro. Eliz. 269, 12 Mass. 211, Ang. on W. C. 14, 104, 141, vide
Lois des Bat. P. 1, c. 3, s. 1, a. 3, Poth. Traite du Contrat de Societe,
second app. 236, Hill. Ab. Index, h. t., 7 Cowen, R. 266, 2 Watts, R. 327,
3 Rawle, R. 90, 17 Mass. R. 289, 5 Pick. R. 175, 4 Mass. R. 401. Vide
Inundation.
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