Oliver Wendell Holmes, Jr.

“ Taking the law to be as stated by the court, it would follow that only the damage physically suffered is to be paid for. When a title is taken, for instance, to the waters of a stream, it is held that the whole value of the title must be paid, although a considerable use may be left in fact to the party aggrieved. ”

“ It reads: 'A person whose land is overflowed or otherwise injured by such dam, may obtain compensation therefor upon his complaint before the superior court for the county where the land or any part thereof lies; but no compensation shall be awarded for damage sustained more than three years before the institution of the complaint.' Pub. Stat. chap. 190, § 4. The jury is to take into consideration damage to other land as well as the damage to the land overflowed (§ 14) . ”

“ The plaintiff's original dam and mill will not be interfered with. The supreme judicial court decided that, under the statute then in force (Pub. Stat. chap. 190, § 2) , the principal defendant, herein called the defendant, acquired the prior right, and that the statute was constitutional. It postponed the consideration of the plaintiff's rights in reference to damages, but decided that the provision for compensation was adequate to satisfy whatever rights the plaintiff might have. ”

“ The complainant is given an election to take the gross sum, in which case the owner of the dam loses all benefit of the act after three months until he pays. §§ 19, 20. Otherwise the complainant has an action for the annual compensation and a lien on the dam and lands used with it. §§ 21 et seq. And, finally, if dissatisfied with the amount of the annual compensation, he may bring a new complaint. ”