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…
1Opinion of the Court
1. The defendant claimed that the plaintiff, claiming under his father who owned one share in the saw-mill, is estopped to complain of any damage arising from its disuse. I do not understand how any such question could arise in this suit. The plaintiff does not claim damage from the disuse of the saw-mill, but because, as he alleges, the defendant has flowed his land. The ruling was therefore correct. Whatever rights were acquired growing out of the operation of the old mill expired with the disuse and decay of the mill, or, as expressed in the deed used on the trial, were to be enjoyed…
2Cases cited7 opinions
- Burnham v. KemptonSupreme Court of New Hampshire · 1860
- Carleton v. RedingtonSuperior Court of New Hampshire · 1850
- Gilford v. Winnipiseogee Lake Co.Supreme Court of New Hampshire · 1872
- Goodrich v. Eastern RailroadSupreme Court of New Hampshire · 1859
- Bucklin v. TruellSupreme Court of New Hampshire · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Goddard v. Berlin Mills Co.Supreme Court of New Hampshire · 1926
- Schoff v. Upper Connecticut River & Lake Improvement Co.Supreme Court of New Hampshire · 1876
- Town v. FaulknerSupreme Court of New Hampshire · 1875