Carleton v. Redington
Superior Court of New Hampshire
Case, for maintaining a dam across the Amonoosuc River in Littleton, and thereby causing the water and ice to be thrown back upon the wheels of the plaintiff’s mill for manufacturing lumber, situate on the river above, and.obstructing the working of said mill from the 3d day of August, 1840, to the 3d day of August, 1846. The plaintiff laid before the jury evidence tending to sustain the counts in his writ.
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Case, for maintaining a dam across the Amonoosuc River in Littleton, and thereby causing the water and ice to be thrown back upon the wheels of the plaintiff’s mill for manufacturing lumber, situate on the river above, and.obstructing the working of said mill from the 3d day of August, 1840, to the 3d day of August, 1846. The plaintiff laid before the jury evidence tending to sustain the counts in his writ. The defendants introduced a deed, dated June 23d, 1835, from the plaintiff to the defendants,. George W. Ely and George B. Redington, and to John Farr, by which he conveyed a tract ■ of…
1Opinion of the CourtWoods, J.
The first question arises upon the ruling of the court, that the parties might fix a limit to their respective claims, different from that which might be considered the true con*301struction of the deed from the plaintiff to Ely, Earr, and Redington. This ruling was made upon objection to the competency of parol proof of an agreement by the parties, upon a monument, to which the defendants might raise their dam, and which would give the grantees a right to raise the water higher than they could have done by the deed. The question is, whether the ruling, admitting the evidence, was correct. The…
2Cases cited11 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
- Jackson ex dem. Hull v. BabcockNew York Supreme Court · 1809
- Clark v. WetheyNew York Supreme Court · 1838
- Johnson v. CarterMassachusetts Supreme Judicial Court · 1820
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Northwest Paper Co. v. Federal Power CommissionCourt of Appeals for the Eighth Circuit · 1965
- Griffin v. BartlettSupreme Court of New Hampshire · 1875
- The Northwest Paper Company v. Federal Power CommissionCourt of Appeals for the Eighth Circuit · 1965