Ash v. Cummings
Supreme Court of New Hampshire
Cass, by David Ash against William H. Cummings and others, for flowing plaintiff’s land. The parties agree that the defandants are seized and possessed of a saw-mill, a grist-mill, two starch-mills, a bobbin and a peg manufactory, and two gold crushing mills, situated on the banks of the Ammonoosuc river, which is not navigable at Lisbon, in said county, and propelled by the waters of said river ; that defendants, on the first day of July, 1868, and long prior thereto, had…
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Cass, by David Ash against William H. Cummings and others, for flowing plaintiff’s land. The parties agree that the defandants are seized and possessed of a saw-mill, a grist-mill, two starch-mills, a bobbin and a peg manufactory, and two gold crushing mills, situated on the banks of the Ammonoosuc river, which is not navigable at Lisbon, in said county, and propelled by the waters of said river ; that defendants, on the first day of July, 1868, and long prior thereto, had kept and maintained a dam across said river, upon their own land, at a certain height: and the plaintiff admits that…
1Opinion of the CourtSargent, J.
Article 12 of our bill of rights authorizes the taking of the property of individuals, and the property and franchises of corporations, and the appropriation of the same to public uses, provided it be not done without the consent of the owner or the consent of the representative body of the people. When the owner does not consent, then if has always been held that land might be taken by consent of the representative body of the people to wit, by an act of the legislature, by making just compensation therefor, but not otherwise. Piscataqua *613Bridge v. N. H. Bridge, 7 N. H. 35; Concord Railroad…
2Cases cited2 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Bloodgood v. Mohawk & Hudson Rail RoadNew York Supreme Court · 1835
3Cited by5 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Amoskeag Manufacturing Co. v. HeadSupreme Court of New Hampshire · 1876
- Louisville & Nashville Railroad v. Central Stock Yards Co.Supreme Court of the United States · 1909
- Salisbury Mills v. ForsaithSupreme Court of New Hampshire · 1876
- State v. U. S. & Canada Express Co.Supreme Court of New Hampshire · 1880