Dam
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
A construction of wood, stone, or other materials made across a stream of water for the purpose of confining it; a mole. 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, or let it off in unusual quantities to the annoyance of his neighbours. 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 Ib. 460; 2 Binn. 475; 14 Serg. & Rawle, 71; Ib. 9; 13 John. 212; 1 M'Cord, 580; 3 N. H. Rep. 321; 1 Halst. R. 1; 3 Kent, Com. 354. When one side of the stream is owned by one person and the other by another, neither, without the consent of the other, can build a dam which extends beyond the 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.