Name/Title
Writ from Anchor Vs ThoburnEntry/Object ID
1995.01.11Scope and Content
Legal size paper printed on in black ink, documents are part of Anchor vs Thoburn proceedings and date to 21st of August 1907. Concerns access to water power and the suit by Anchor against Thoburn and Wylie to stop damming the river for thier own power.
Transcription :
IN THE HIGH COURT OF JUSTICE
Writ Issued the 21st day Of August, 1907.
Between
THE ANCHOR KNITTING COMPANY Limited [ ] Of Almonte, Plaintiffs,
- and -
WILLIAM THOBURN and THE WYLIE MILLING COMPANY LIMITED, Defendants.
- Statement of Claim -
I. The plaintiffs and the defendants, the Wylie Milling Company, Limited, are incorporated companies carrying on their business at the Town of Almonte in the county of Lanark. The defendant William Thoburn carries on business at the same place.
2. The plaintiffs were at the times hereinafter mentioned, and still are owners of and possessed of Lot No. 19, fronting on Mill Street in the said Town of Almonte, and of the water lot adjacent thereto being the land covered by water under the Mississippi River, which property of the plaintiffs may be better described as follows-that is to say:- Commencing on Mill Street I4 feet from the south west corner of the cloth dressing shop of the late Daniel Shipman, from thence north 83 degrees east 18 3/4 perches mere or less to another post on the earns side of Mill street, from thence north 17 degrees west to the centre of the River Mississippi passing a stump biased on two sides standing 91 links below the point of rock on the Bark of the said River, from thence down the centre of the Channel until it intersects the line running south -4 degrees east, from thence to the place of beginning.
3. The plaintiffs were at the said times and still are entitled to the flow of the said stream called the Mississippi River, to and through their said land.
4. The defendants at different times and more particularly in and during the months of August, in the years 1904, 1905, 1906, and 1907 obstructed the said stream and diverted ,large (Quantities of the water thereof away from the said lands of the plaintiffs by placing and keeping logs and planks in the bed of the said stream some distance higher up the said stream than the plaintiffs * land and by making and maintaining a wing dam made of the said materials in the said stream.
5. The defendants thereby diminished the quantity of water which flowed down the said stream to and through the said lands of the plaintiffs, and deprived the plaintiffs of the flow of water to which they were entitled, as aforesaid.
6. The defendants have refused from time to time to desist i
from such wrongful operations and diversion of the said water, and still threaten to repeat the same and claim that the plaintiffs have no right to complain thereof.
7. By reason of the facts alleged in the preceding paragraphs hereof, the plaintiffs have suffered serious damages at different times.
THS PLAINTIF'S THEREFORE CLAIM:-
(1) A declaration of their rights as riparian owners on the said Mississippi River, as against the defendants.
(a) A perpetual injunction restraining the defendants their servants and workmen, from in any way obstructing or diverting the flew of (the water of the said -River to and through the lands of the plaintiffs.
(8) Judgment for damages.
(4) Such further or other relief as may be proper.
(5) Costs of this action.
The plaintiffs propose that this action be tried at the Town of Perth in the county of Lanark.
Delivered this . day of September, A.D.1908
by Greig & Greig of the Town of Almonte in the County of Lanark, Solicitors for the plaintiffs.
ANCHOR KNITTING Co.
vs
THOBURN
STATEMENT of CLAIM
Greig & Greig,
Almonte, ont.Collection
DocumentCataloged By
Whit, ElizabethLexicon
Nomenclature 4.0
Nomenclature Secondary Object Term
SummonsNomenclature Primary Object Term
Record, JudicialNomenclature Sub-Class
Government RecordsNomenclature Class
Documentary ObjectsNomenclature Category
Category 08: Communication ObjectsLOC Thesaurus for Graphic Materials
Legal affairsSearch Terms
Business & Commerce, Correspondence/Letter, Courthouses, Almonte, Mills, North Lanark, Thoburn Woollen Mills, Wylie Milling Co., Anchor Knitting CoArchive Details
Creator
High Court of JusticeArchive Notes
Date(s): 21/08/1907Location
Location
Container
Archive Box 1Shelf
1Cabinet
Archive CupboardRoom
Collections RoomBuilding
M.V.T.M.Category
PermanentDate
November 7, 2023Location
Container
Box 2Shelf
Shelf 11, Shelf 11Room
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
Whit, ElizabethDate
June 23, 2019Relationships
Related Person or Organization
Person or Organization
Greig & Greig SolicitorsPerson or Organization
Thoburn, W.Person or Organization
The Wylie Milling Co. LTD.General Notes
Note
Status: OK
Status By: MacMillan, Lindsay
Status Date: 2020-11-26Created By
admin@catalogit.appCreate Date
June 23, 2019Updated By
admin@catalogit.appUpdate Date
November 11, 2023
