Great Falls Manufacturing Co. v. Fernald
Supreme Court of New Hampshire
This was a petition praying that the damages for flowing back water on land of the defendants by a dam of the petitioners, might be assessed under the provisions of an act passed July 8,1862. The petition sets forth the following general statement of facts : On the 11th of June, 1823, the petitioners were incorporated with power to carry on the manufacture of cotton and woolen goods, and to construct and maintain such dams and canals as might be necessary for that purpose.
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This was a petition praying that the damages for flowing back water on land of the defendants by a dam of the petitioners, might be assessed under the provisions of an act passed July 8,1862. The petition sets forth the following general statement of facts : On the 11th of June, 1823, the petitioners were incorporated with power to carry on the manufacture of cotton and woolen goods, and to construct and maintain such dams and canals as might be necessary for that purpose. Under the authority of their charter, they have for more than thirty years carried on a large business in that…
1Opinion of the CourtPerley, C. J.
One of the positions taken by the defendants, I understand to be this ; the original act of incorporation did not authorize the company to flow the land of others without their consent; the act of 1862 relates only to such doings of the company as were authorized by the act of incorporation, to such doings only as were legal and rightful under the act; and therefore this case does not come within the act of 1862, because flowing the land of the defendants without their consent was not authorized by the act of incorporation, and is illegal and wrongful. I have no difficulty in agreeing with…
2Cases cited6 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Bradley v. New-York & New-Haven Rail-RoadSupreme Court of Connecticut · 1851
- Hartwell v. ArmstrongNew York Supreme Court · 1854
- Norton v. PeckWisconsin Supreme Court · 1854
- President of the Ohio & Mississippi Railroad v. QuierIndiana Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Land/Vest Properties, Inc. v. Town of PlainfieldSupreme Court of New Hampshire · 1977
- State v. GarceauSupreme Court of New Hampshire · 1978
- Amoskeag Manufacturing Co. v. HeadSupreme Court of New Hampshire · 1876
- Amoskeag Manufacturing Co. v. HeadSupreme Court of New Hampshire · 1876
2 more not listed; retrieve them via the Exa API.