Parker v. Winnipiseogee Lake Cotton & Woolen Manuf'g Co.
U.S. Circuit Court for the District of New Hampshire
This was a bill in equity praying for an injunction to restrain the corporation defendants [the Winnipiseogee Lake Cotton & Woolen Manufacturing Company] from raising the surface of Lake Winnipiseogee, in the state of New Hampshire, or from retarding, obstructing, or holding back the natural flow of the water out of the lake and along the channel of the river constituting its outlet, to the premises of the complainant [John A. Parker]. The complainant alleged in effect as…
Read the full summary
This was a bill in equity praying for an injunction to restrain the corporation defendants [the Winnipiseogee Lake Cotton & Woolen Manufacturing Company] from raising the surface of Lake Winnipiseogee, in the state of New Hampshire, or from retarding, obstructing, or holding back the natural flow of the water out of the lake and along the channel of the river constituting its outlet, to the premises of the complainant [John A. Parker]. The complainant alleged in effect as follows: that he was the owner of a certain parcel of land situated in La-conia, In this state, formerly owned by Daniel…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Inequality in the quantity of water flowing in the river by the premises of the complainant greater than what naturally arose from the ordinary changes of the season, or from the ordinary fluctuations in the head of water in the lake before the attempted regulation of the same by the respondents, constitutes the gravamen of the injury alleged to have been sustained by the complainant. His representation is that the water power of his privilege is damaged to the same extent as the equality of the supply of water at all seasons is disturbed for the use and improvement…
2Cases cited8 opinions
- Gardner v. Trustees of Village of NewburghNew York Court of Chancery · 1816
- Whittlesey v. Hartford, Providence & Fishkill RailroadSupreme Court of Connecticut · 1855
- Van Bergen v. Van BergenNew York Court of Chancery · 1818
- Olmsted v. Loomis & GravesNew York Supreme Court · 1849
- Gates v. BlincoeCourt of Appeals of Kentucky · 1834
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Tuttle v. ChurchU.S. Circuit Court for the District of Rhode Island · 1892