Hutchins v. Berry
Supreme Court of New Hampshire
Petition, by tbe plaintiff, for a further order as to the use of the water of the reservoir at the outlet of Crooked pond and Smith’s river. Transferred from the June term, 1905, of the superior court by Wallace, C. J. The petition was filed July 17, 1905, and was heard September 6. At the time the petition was filed, the water in the reservoir was seven inches above a point four feet below the top of the reservoir dam.
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Petition, by tbe plaintiff, for a further order as to the use of the water of the reservoir at the outlet of Crooked pond and Smith’s river. Transferred from the June term, 1905, of the superior court by Wallace, C. J. The petition was filed July 17, 1905, and was heard September 6. At the time the petition was filed, the water in the reservoir was seven inches above a point four feet below the top of the reservoir dam. At the time of the hearing, the water in the reservoir was half an inch above the same point. Hutchins does not now wish to draw the water below the four-foot point. The…
1Opinion of the CourtParsons, C. J.
The order which the court were asked to modify is stated ante, p. 312, and provides that “ when the waters of the reservoir fall more than four feet below the top of the reservoir dam, the said Berrys are entitled to have said reservoir dam closed until the water shall accumulate in the reservoir in sufficient quantity to run the mills at dam C for an economical period.”
The rights of the parties have been heretofore fully considered and determined. No new question of law is now presented. It. has already been held that “ the gristmill is entitled to its preferential and common rights in the…
2Cases cited1 opinion
- Horne v. HutchinsSupreme Court of New Hampshire · 1903
3Cited by2 opinions
- Hutchins v. BerrySupreme Court of New Hampshire · 1907
- Hutchins v. BerrySupreme Court of New Hampshire · 1906