Davis v. Jewett
Superior Court of New Hampshire
Case, to recover for injury done by the defendant’s keeping up and maintaining a dam from the 1st of April, 1830, to the date of the plaintiff’s writ, on the 8th of October, 1839, so as to throw back water upon the plaintiff’s land, causing damage to his crops, soil and woodland, whereby he was deprived of their use and occupation. The defendant plead the general issue and the statute of limitations.
Read the full summary
Case, to recover for injury done by the defendant’s keeping up and maintaining a dam from the 1st of April, 1830, to the date of the plaintiff’s writ, on the 8th of October, 1839, so as to throw back water upon the plaintiff’s land, causing damage to his crops, soil and woodland, whereby he was deprived of their use and occupation. The defendant plead the general issue and the statute of limitations. It appeared in evidence that the defendant was the owner of the dam and mills, from April 1st, 1830, until the 6th of May, 1834, at which time the defendant conveyed them to his sons, Alvah C.…
1Opinion of the CourtUpham, J.
In actions on the case for damage to property, it is an established rule in pleading that the plaintiff’s right, or interest in the property, should be stated according to the facts.
Where the plaintiff’s interest in personal property is reversionary, his right must be described accordingly. 1 Chit. Pl. 329.
In 1 Saund. 343, it is said that if the plaintiff declares as *91a reversioner for an injury to his reversionary interest, the declaration must allege it to have been to the damage of his reversion, or must state an injury of such a permanent nature as to be necessarily injurious to his…
2Cases cited1 opinion
- Plumer v. HarperSuperior Court of New Hampshire · 1824