Farnum v. Concord Land & Water Power Co.
Supreme Court of New Hampshire
Prior to 1883, B. L. Larkin, by the plaintiff’s license, placed a box, covered with boards, in a spring on the plaintiff’s land and conducted the water to his adjoining premises. In 1883, he conveyed the premises to another who, in 1892, conveyed them to the defendants. The spring furnished water to the Larkin premises all the time to August, 1894, and afterward.
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Prior to 1883, B. L. Larkin, by the plaintiff’s license, placed a box, covered with boards, in a spring on the plaintiff’s land and conducted the water to his adjoining premises. In 1883, he conveyed the premises to another who, in 1892, conveyed them to the defendants. The spring furnished water to the Larkin premises all the time to August, 1894, and afterward. The defendants'kept the aqueduct in repair and several times “ fixed” about the box which covered and protected the spring. The court held that Larkin was bound to keep the box in a reasonably safe condition; that since the…
1Opinion of the CourtCarpenter, C. J.
The court have never gone further than the holding that different forms of action may be joined when they are for the same cause. Metcalf v. Gilmore, 59 N. H. 417, 433; Rutherford v. Whitcher, 60 N. H. 110; Brooks v. Howison, 63 N. H. 382, 389; Crawford v. Parsons, 63 N. H. 438. If there may be cases where different causes depend upon the same or substantially the same evidence and so may be conveniently tried in one suit, this is not such a case. Little or no evidence competent on the count in case would be competent on that of assumpsit. The demurrer should have been sustained, and the…
2Cases cited4 opinions
- Metcalf v. GilmoreSupreme Court of New Hampshire · 1879
- Brooks v. HowisonSupreme Court of New Hampshire · 1885
- Crawford v. ParsonsSupreme Court of New Hampshire · 1885
- Rutherford v. WhitcherSupreme Court of New Hampshire · 1880
3Cited by2 opinions
- Meloon v. ReadSupreme Court of New Hampshire · 1905
- Pratt v. MagnusonSupreme Court of New Hampshire · 1935