Gilman v. Tilton
Superior Court of New Hampshire
Case for erecting a dam across the Winnepissiogee river in Northfield, on the 1st May, 1824, and for continuing a dam across said river, higher and tighter than the defendants were entitled to do, and thus causing the water to flow back and obstruct the operation of the plaintiff’s mill.
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Case for erecting a dam across the Winnepissiogee river in Northfield, on the 1st May, 1824, and for continuing a dam across said river, higher and tighter than the defendants were entitled to do, and thus causing the water to flow back and obstruct the operation of the plaintiff’s mill. The cause was tried here, upon the general issue, at September term, 1829. The defendants relied upon two grounds of defence. 1st, That their dam and mills were first erected, and by that circumstance they had acquired a right to do all they had done. 2d, That they had kept and maintained a dam across the…
1Opinion of the Court
Richardson, C. J.,
for the court.
The defendants claim a new trial, because the jury yvere instructed that the defendants, by being the first to erect a dam and mill, acquired no right to cause the water to flow back and obstruct the operation of a mill subsequently erected by the plaintiffs, and the question is, whether mere priority of appropriation of running water can confer any exclusive right ?
In general, every man has a right to the use of the water flowing in a stream through his land ; and if any one divert the water from its natural channel, or throw it back, so as to deprive him of…
2Cases cited1 opinion
- Platt v. Johnson & RootNew York Supreme Court · 1818
3Cited by3 opinions
- French v. MarstinSuperior Court of New Hampshire · 1852
- Wallace v. FletcherSuperior Court of New Hampshire · 1855
- Wilder v. CloughSupreme Court of New Hampshire · 1875