Burnham v. Kempton
Supreme Court of New Hampshire
In Equity. The bill is stated in 87 N. H. 485. The defendants at first demurred to the bill, but the demurrer was overruled for reasons fully appearing in the former opinion.
Read the full summary
In Equity. The bill is stated in 87 N. H. 485. The defendants at first demurred to the bill, but the demurrer was overruled for reasons fully appearing in the former opinion. The court in that opinion confine the effect of that decision to “ the present stage of the casethereby clearly intimating that they did not intend to decide any case that might afterward ai'ise, provided the answers and proofs should in any way change the aspect of the case from what it thus appeared upon the bill itself. Since that opinion was delivered the bill has been amended by introducing other parties, and the…
1Opinion of the CourtSargent, J.
It appears that as early as 1784, and perhaps before, a mill-dam was erected across the Contoocook river, substantially where the present dam now stands, abutting upon the north bank, and forcing the whole water of the river to run over the dam or through the mill gates on the south side of the river. The evidence tends to show that until 1825, or about that time, there was no mill, bulk-head', gate, or opening of any kind in the north half of the dam, excepting a fish-way, which was opened and kept open under the laws of the State on that subject. There is no evidence of any grant of the…
2Cases cited14 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- Mohawk Bridge Co. v. Utica & Schenectady Rail RoadNew York Court of Chancery · 1837
- Belknap v. TrimbleNew York Court of Chancery · 1831
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
- Lyon v. McLaughlinSupreme Court of Vermont · 1859
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- N.H. Board C. v. CompanySupreme Court of New Hampshire · 1939
- Griffin v. BartlettSupreme Court of New Hampshire · 1875
- Maloon v. WhiteSupreme Court of New Hampshire · 1876
- B. M. R. R. v. P. D. R. R.Supreme Court of New Hampshire · 1876
- Wilder v. CloughSupreme Court of New Hampshire · 1875