Perley v. B. C. & M. R. R.
Supreme Court of New Hampshire
From Belknap Circuit Court. Case, for injuries to the plaintiff’s land and wharf on the Winnipiseogee river, below and adjoining the defendants’ railroad. Trial before Stanley, J., and a jury.
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From Belknap Circuit Court. Case, for injuries to the plaintiff’s land and wharf on the Winnipiseogee river, below and adjoining the defendants’ railroad. Trial before Stanley, J., and a jury. The declaration contained four counts, the substance of which was that the plaintiff was the owner of a certain tract of land adjoining the railroad, on which he had erected a wharf, and that the defendants had improperly constructed their bridge over said river, so that the water thereof was diverted from its natural course, and turned upon the plaintiff’s wharf, whereby it was washed out, undermined,…
1Opinion of the Court
FROM BELKNAP CIRCUIT COURT. The charge of the court seems to me to have been, in most respects, an admirable statement of the relative rights and duties of the plaintiff and the defendants. There is, however, one part of the charge which is open to objection. The court told the jury "that if no injury would have been occasioned to the plaintiff by the construction of the bridge by the defendants in the manner in which it was constructed if the plaintiff had not placed his wharf where he did place it, the defendants were not liable; that the plaintiff had no right to take advantage of the acts…
2Cases cited3 opinions
- Clark v. Boston, Concord & Montreal RailroadSuperior Court of New Hampshire · 1851
- Aldrich v. Cheshire RailroadSuperior Court of New Hampshire · 1850
- Dearborn v. Boston, Concord & Montreal RailroadSuperior Court of New Hampshire · 1851