Flanders v. Franklin
Supreme Court of New Hampshire
Case, for negligence in allowing a sewer, culvert, and brook in Prospect street to become filled up, out of repair, and insufficient co carry off the water, in consequence of which it flowed down Winnipiseogee street On the plaintiffs land. Trial by a referee. The land slopes from Prospect street westerly, down Winnipiseogee street, to the plaintiff’s land on Railroad avenue.
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Case, for negligence in allowing a sewer, culvert, and brook in Prospect street to become filled up, out of repair, and insufficient co carry off the water, in consequence of which it flowed down Winnipiseogee street On the plaintiffs land. Trial by a referee. The land slopes from Prospect street westerly, down Winnipiseogee street, to the plaintiff’s land on Railroad avenue. Prior .to 1887, there was a depression hi the Shepard lot, just west of Prospect street, .through which the water collecting in Prospect street and vicinity flowed off. About 1887, the owners filled up the depression and…
1Opinion of the CourtPeaslee, J.
If the defendants unreasonably turned surface water upon the plaintiff’s land, thereby invading his property right, they must answer for the consequences, Rhobidas v. Concord, ante, p. 90. They were not obliged to prevent the natural flow of surface water; and if they did nothing to increase it, they are not liable. If they increased the quantity of water and unreasonably failed to provide an outlet, they are liable, Rindge v. Sargent, 64 N. H. 294. The fact that there would have been an outlet but for the acts of Shepard is no defence. If he unreasonably stopped the natural flow, he must…
2Cases cited1 opinion
- Rindge v. SargentSupreme Court of New Hampshire · 1886
3Cited by6 opinions
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- Micucci v. White Mountain Trust Co.Supreme Court of New Hampshire · 1974
- Priest v. Boston & Maine RailroadSupreme Court of New Hampshire · 1901
- Wheeler v. GilsumSupreme Court of New Hampshire · 1905
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