Newmarket Mfg. Co. v. Chapman
Court of Appeals for the First Circuit
Appeal from the District Court of the United States for the District of New Hampshire; Edgar Aldrich, Judge. Suit by Electa A. Chapman against the Newmarket Manufacturing Company. From a decree granting relief, both parties appeal.
1Opinion of the Court
PIALE, District Judge.
This action in equity involves defendant’s right of flowage on complainant’s lands. The bill alleges that for more than six years past the defendant has maintained its main dam and waste gates at Newmarket, N. PI., on the Lamprey river, and that it has maintained certain other dams and waste gates on its storage ponds some miles above Newmarket, in such a manner as to cause an unreasonable height of water, and an unlawful flow-age of complainant’s lands at Newmarket.
The complainant is the owner of a farm located on the easterly bank of the river, partly in Durham,…
2Cases cited3 opinions
- Chapman v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1908
- State v. Sunapee Dam Co.Supreme Court of New Hampshire · 1900
- Berry v. HutchinsSupreme Court of New Hampshire · 1905