Griffin v. Bartlett
Supreme Court of New Hampshire
Case, for flowing tlie plaintiff’s meadow, situated on the shore of Jenness pond in Northwood. The declaration alleged that the defendant, ever since the first day of January, 1867, had maintained, kept up, and continued a mill-dam in said Northwood, across a brook forming the outlet of said pond, and by means thereof has raised and kept up the water in said pond, and thereby made it to overflow and drown the plaintiff’s meadow, whereby the plaintiff’s grass growing on said…
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Case, for flowing tlie plaintiff’s meadow, situated on the shore of Jenness pond in Northwood. The declaration alleged that the defendant, ever since the first day of January, 1867, had maintained, kept up, and continued a mill-dam in said Northwood, across a brook forming the outlet of said pond, and by means thereof has raised and kept up the water in said pond, and thereby made it to overflow and drown the plaintiff’s meadow, whereby the plaintiff’s grass growing on said meadow was damaged, etc. Plea, the general issue. It appeared at the trial that the dam named in the declaration had…
1Concurrence
The plaintiff claims damages against the defendant for maintaining a certain dam at the outlet of Jenness pond, from the first day of January, 1867, to the date of the writ, and thereby causing his land to be flowed so that he lost the use of it.
The damage shown was, that the plaintiff's land, which was cleared in 1831, and had been mowed and borne cranberries every year till 1869, had since that time been so flooded by the defendant's dam that it could not be mowed; that the cranberry vines had been destroyed, and the trees had died; and that this damage had been caused by the defendant's…
2Cases cited2 opinions
- Dunklee v. Wilton RailroadSuperior Court of New Hampshire · 1852
- Gilford v. Winnipiseogee Lake Co.Supreme Court of New Hampshire · 1872