Town v. Faulkner
Supreme Court of New Hampshire
From Sullivan Circuit Court. A petition under the “ act for the encouragement of manufactures,” Laws of 1868, ch. 20, having at a previous term been referred to a committee, the committee made the following report: “ That they are of opinion that the flowing or draining of said Allen Town’s land, described in his petition, to the depth and extent that the same may or can be flowed by the new dam, built by the defendants in September, 1872, atthe outlet of Ashuelot pond, so…
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From Sullivan Circuit Court. A petition under the “ act for the encouragement of manufactures,” Laws of 1868, ch. 20, having at a previous term been referred to a committee, the committee made the following report: “ That they are of opinion that the flowing or draining of said Allen Town’s land, described in his petition, to the depth and extent that the same may or can be flowed by the new dam, built by the defendants in September, 1872, atthe outlet of Ashuelot pond, so called (the same being built four feet higher than the old dam of the defendants, theretofore standing upon the same…
1Concurrence
We learn from the report of the commissioners that the dam designed to be maintained by the defendants is such as not to occasion any flowage beyond the defendants' right to flow at the time the dam was built. I understand from the case, that although the dam is so constructed that it is capable of flowing the lands above it to a greater extent, still, that, by means of roll-ways, sluices, and gates, it is so managed that it does not, in fact, cause any greater flowage than the defendants' right, and that if at any time it has caused a greater flowage than that, such excess has been the…
2Cases cited1 opinion
- Griffin v. BartlettSupreme Court of New Hampshire · 1875