Bartlett v. Bristol
Supreme Court of New Hampshire
Case. Facts found by a referee. The plaintiff owns a tract of land containing about an acre and a half, in the village of Bristol, bounded on the west by High street. The injury to the land complained of, and for which suit is brought, is caused by the flow upon it of surface-water from a section of High street and the land drained by it.
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Case. Facts found by a referee. The plaintiff owns a tract of land containing about an acre and a half, in the village of Bristol, bounded on the west by High street. The injury to the land complained of, and for which suit is brought, is caused by the flow upon it of surface-water from a section of High street and the land drained by it. The slope of the land in that section is toward the east, and west of High street and opposite the plaintiff’s premises the land rises quite abruptly. The high land west of the street is full of springs, and the ditches and culverts on that street contain…
1Opinion of the CourtBingham, J.
If the plaintiff can maintain this action, it is because the defendants have done damage to the plaintiff’s land by their fault and negligence in not building and maintaining the highway in a reasonably suitable and proper manner.
The damages awarded on the laying out of a highway are such as the landowner suffers from its construction in a reasonable and proper manner. The recovery of these damages being provided for by statute, it is not claimed that an action at common law lies for their recovery ; but it is said that an action may be maintained for an unreasonable and improper construction…
2Cases cited1 opinion
- Gilman v. LaconiaSupreme Court of New Hampshire · 1875
3Cited by1 opinion
- Vaughn v. New DurhamSupreme Court of New Hampshire · 1943