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…
Read the full summary
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…
1Opinion of the Court
FROM SULLIVAN CIRCUIT COURT. The committee report, that in estimating the damages to which the plaintiff is entitled, under the mill act of 1868, they construed that act to mean that the plaintiff is thereby entitled to such damages as may be occasioned to him by flowing his land to the depth and extent that it may or can be flowed by the defendants' dam as they constructed it, notwithstanding it may have been the intention of the defendants at the time of building the dam, and ever since has has been and still is their intention and endeavor, to use it, with the aid of the gates in it and…
2Cases cited1 opinion
- Gilford v. Winnipiseogee Lake Co.Supreme Court of New Hampshire · 1872
3Cited by4 opinions
- Jones v. WhittemoreSupreme Court of New Hampshire · 1900
- Cummings v. ParkerSupreme Court of New Hampshire · 1881
- Hovey v. PerkinsSupreme Court of New Hampshire · 1885
- Schoff v. Upper Connecticut River & Lake Improvement Co.Supreme Court of New Hampshire · 1876