Cummings v. Blanchard
Supreme Court of New Hampshire
Bill in Equity, in aid of a suit at law, for the establishment of the respective rights of the parties to the use of the waterpower on the east side of Ammonoosuc river in Lisbon village; for a decree establishing where and how the defendant’s right shall be measured, and for an injunction restraining Mm from using water in excess of, or in a manner different from, his right so established; also for the ascertainment and apportionment among the plaintiffs of the damages…
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Bill in Equity, in aid of a suit at law, for the establishment of the respective rights of the parties to the use of the waterpower on the east side of Ammonoosuc river in Lisbon village; for a decree establishing where and how the defendant’s right shall be measured, and for an injunction restraining Mm from using water in excess of, or in a manner different from, his right so established; also for the ascertainment and apportionment among the plaintiffs of the damages occasioned by the defendant’s infringement of their rights. Hearing before Bingham, J., who reported the case for the…
1Opinion of the CourtSmith, J.
Under the deed from Bowles and Atwood to Howe and Martin, the defendant has the right to take from the “ bulkhead and flume the quantity of water which shall be discharged therefrom through an aperture of two hundred square inches at the gate under fifteen feet head.”
Reported cases upon conveyances of water-power show great numbers of controversies arising from the methods adopted by grantors and grantees for ascertaining the quantity of water or power conveyed. The quantity is often described as a capacity to do specified work, or is to be found by tests otherwise open to contention. Johnson…
2Cases cited3 opinions
- Hedden v. RobertsMassachusetts Supreme Judicial Court · 1883
- Davis v. GalloupeMassachusetts Supreme Judicial Court · 1872
- Potter v. SmithMassachusetts Supreme Judicial Court · 1869
3Cited by2 opinions
- Appleton Paper & Pulp Co. v. Kimberly & Clark Co.Wisconsin Supreme Court · 1898
- Vermont Shade Roller Co. v. Burlington Traction Co.Supreme Court of Vermont · 1931