State v. Gilmanton
Superior Court of New Hampshire
Indictment against the town of Gilmanton, for not repairing a certain highway, beginning at the dwelling-house of Joseph Fifield, and running to Gilmanton line, between said Gilmanton and Sanbornton ; submitted to the determination of the court upon the following statement of facts. There is a bridge across the waters between the towns of Sanbornton and Gilmanton, about thirty-seven rods long, and these waters are the Sanbornton bay.
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Indictment against the town of Gilmanton, for not repairing a certain highway, beginning at the dwelling-house of Joseph Fifield, and running to Gilmanton line, between said Gilmanton and Sanbornton ; submitted to the determination of the court upon the following statement of facts. There is a bridge across the waters between the towns of Sanbornton and Gilmanton, about thirty-seven rods long, and these waters are the Sanbornton bay. The bridge was built by private subscription, connecting the shores of the bay, and over this bridge a highway has been laid out by a committee from the court of…
1Opinion of the CourtParker, C. J.
The facts necessary to a decision in this case are not fully stated.
The rule for the construction of grants bounding on rivers, is stated in Prop’rs of Claremont vs. Carleton, 2 N. H. R. 369—Where a grant is made extending to a river, and bounding upon it, the centre of the stream is the line of the boundary, if there is no limitation in the terms of the grant itself.
But in relation to grants bounding on ponds, lakes, or other large bodies of standing fresh water, that principle does not apply, but the grant extends only to the water’s edge. Such seems to have been the construction of the…
2Cases cited1 opinion
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by4 opinions
- State v. CanterburySuperior Court of New Hampshire · 1854
- State v. CompanySupreme Court of New Hampshire · 1912
- State v. GilmantonSuperior Court of New Hampshire · 1843
- Hardin v. JordanSupreme Court of the United States · 1891