1Adams’ Minutes of the Trial: Plymouth Superior Court, May 1769 (Adams Papers)
Keens Witnesses. Ed. Thomas . Known Georges Meadow 30 Years. Carted the Grass 2 Years. It was a very good Piece of fresh Meadow. I went in with a full Team without miring. Last August I saw it. The Meadow very much altered. The Meadow wet. Ditching and clearing the Brook could not wholly prevent the Damage. Wm. Cox . Deposition. Vid. Elisha Barker . Both Sides lay open to a Pasture 7 Years....
2Paine’s Minutes of the Trial: Plymouth Inferior Court, July 1768 (Adams Papers)
Mr. Adams . The grass was good till it was pastured and the bushes grew up; if the mill had not been built, his neglect would have filld up the natural Course and spoil’d the Meadow. Why did not he bring his action in the time of it? He has no damages for what he bought 5 years ago. The fall of water. I knew a meadow. Duke of Bridgwater’s Cannel. Paine Law Notes . The writ alleged the flooding...
3Editorial Note (Adams Papers)
This case and Nos. 18–19 and 20–21 reflect some of the legal problems arising from the dependence of the New England economy on running water as a source of industrial power. They fall into two categories: defendant either blocked a running stream entirely or so diverted the flow as to diminish the amount available to plaintiff; or defendant caused the stream to overflow plaintiff’s land....