Salisbury Mills v. Forsaith
Supreme Court of New Hampshire
From Bockingham Circuit Court. Petition, under the act of 1868, cb. 20, to encourage manufactures, praying to have assessed the damages io the defendant’s land in this state, caused by the plaintiffs’ dam in Massachusetts. The questions arise upon a demurrer to the petition. The material facts appear in. the opinions.
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From Bockingham Circuit Court. Petition, under the act of 1868, cb. 20, to encourage manufactures, praying to have assessed the damages io the defendant’s land in this state, caused by the plaintiffs’ dam in Massachusetts. The questions arise upon a demurrer to the petition. The material facts appear in. the opinions. The questions arising upon the demurrer were transferred to this court by Rand, J., C. C. The intention of the law was for mills, reservoirs, and dams to be built, which on the whole were for the public benefit of the people of this state; and any flowage in this state…
1Opinion of the Court
FROM ROCKINGHAM CIRCUIT COURT. The petition states that the plaintiffs are a corporation duly established by law, having their principal place of business at Salisbury and Amesbury, in the county of Essex and state of Massachusetts: from which I suppose it is to be understood that they are a Massachusetts corporation. The petition further shows, that the plaintiffs' mills for the manufacture of cotton and woollen goods, as well as the only dam they have situated below the defendant's land, are in Massachusetts; that they have one dam in Massachusetts and three in New Hampshire above the…
2Cases cited2 opinions
- Wooster v. Great Falls Manufacturing Co.Supreme Judicial Court of Maine · 1855
- Ash v. CummingsSupreme Court of New Hampshire · 1872