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MADDOCKS v. GILES

728 A.2d 150 (1999)

1999 ME 63

Sewall MADDOCKS et al. v. Elbridge GILES d/b/a E.A. Giles & Sons.

Supreme Judicial Court of Maine.

Decided April 26, 1999.

Attorney(s) appearing for the Case

David J. Van Dyke, Paul F. Macri (orally), Berman & Simmons, P.A., Lewiston, for the plaintiffs.

Gerard O. Fournier (orally), Portland, for the defendant.

Before WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.

CALKINS, J.

[¶ 1] Sewall and Janice Maddocks appeal from the entry of judgment in the Superior Court (Lincoln County, Bradford, J.) after a jury verdict finding that Elbridge Giles' excavation activities on his land did not interfere with the flow of an underground watercourse benefitting the Maddockses' land. The Maddockses argue that the trial court erred by instructing the jury on the absolute dominion rule, and they urge us to adopt a new rule governing...

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