Rowe v. Portsmouth
Supreme Court of New Hampshire
From Rockingham Circuit Court. Case, to recover damages sustained from a flow of water into the cellar of the plaintiff’s house from the defendants’ common sewer. Plea, the general issue.
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From Rockingham Circuit Court. Case, to recover damages sustained from a flow of water into the cellar of the plaintiff’s house from the defendants’ common sewer. Plea, the general issue. The case was referred to a referee, under the statute, who reports the following facts as proved : Prior to the month of July, 1872, the defendants for more than twenty years had a common sewer leading from High street down through Hanover street by the plaintiff’s dwelling-house, and emptying into the North Mill Pond, and the plaintiff’s cellar was drained by a private drain leading into the defendants’…
1Opinion of the Court
FROM ROCKINGHAM CIRCUIT COURT. The defendants raise three questions upon the report of the referee: (1) That no action will lie against a city for neglect to build or repair a sewer; (2) that if such action will lie, a city is answerable only for neglect to use ordinary vigilance and care to keep its sewers open and free from obstruction; and (3) that the defendants did not receive seasonable notice of the obstruction to prevent the injuries which the plaintiff has received.
By ch. 44, sec. 9, Gen. Stats., it is provided that "city councils shall have power to construct drains and common…
2Cases cited8 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- The Rochester White Lead Co. v. . the City of RochesterNew York Court of Appeals · 1850
- Hume v. . the Mayor of the City New YorkNew York Court of Appeals · 1872
- Eastman v. MeredithSupreme Court of New Hampshire · 1858
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3Cited by5 opinions
- Rhobidas v. ConcordSupreme Court of New Hampshire · 1899
- Stoneking v. Orleans VillageSupreme Court of Vermont · 1968
- Gilman v. ConcordSupreme Court of New Hampshire · 1937
- Haley v. ColcordSupreme Court of New Hampshire · 1879
- Moaratty v. Town of HamptonSupreme Court of New Hampshire · 1970