Horne v. Hutchins
Supreme Court of New Hampshire
Bill in Equity, to determine the respective rights of the parties to the water-power at the Pickering dam, so called, across Smith’s river in Wolfeborongh. The dam and power are the same that are mentioned in the preceding case between the same parties, to which reference may be had for a general description. The other facts necessary to a determination of the questions in the ease are stated in the opinion.
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Bill in Equity, to determine the respective rights of the parties to the water-power at the Pickering dam, so called, across Smith’s river in Wolfeborongh. The dam and power are the same that are mentioned in the preceding case between the same parties, to which reference may be had for a general description. The other facts necessary to a determination of the questions in the ease are stated in the opinion. Transferred from the April term, 1900, of the supreme court by Parsons, J., upon a referee’s report, without rulings.
1Opinion of the CourtChase, J.
There is at the westerly end of the Pickering dam a tract of land with a gristmill upon it, owned by one Flanders. The water privilege attached to this mill is described in the deed creating it as follows: “ The privilege of drawing and using water for gristmill standing on westerly side of said stream [Smith’s river] whenever there may be water in the stream or mill-pond for that purpose, it being understood that said grist mill is to use the water for running the machinery now in the same, and any other or additional machinery which may be put into the same or any other gristmill which may…
2Cases cited1 opinion
- Perry v. BinneyMassachusetts Supreme Judicial Court · 1869
3Cited by10 opinions
- McCleary v. LourieSupreme Court of New Hampshire · 1922
- Berry v. HutchinsSupreme Court of New Hampshire · 1905
- Horne v. HutchinsSupreme Court of New Hampshire · 1903
- Hutchins v. BerrySupreme Court of New Hampshire · 1905
- Newmarket Manufacturing Co. v. NottinghamSupreme Court of New Hampshire · 1933
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