Vale Mills v. Nashua
Supreme Court of New Hampshire
Case, for wrongfully maintaining a sewer discharging offensive matter upon the plaintiffs’ land, and into their mill-pond, polluting the water, and rendering it unfit for use. Facts found by the court. The plaintiffs are a corporation engaged in the manufacture of cotton goods, owning and operating two mills in Nashua, located on Salmon brook.
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Case, for wrongfully maintaining a sewer discharging offensive matter upon the plaintiffs’ land, and into their mill-pond, polluting the water, and rendering it unfit for use. Facts found by the court. The plaintiffs are a corporation engaged in the manufacture of cotton goods, owning and operating two mills in Nashua, located on Salmon brook. One of the plaintiffs’ mills is situated on Main street just out of the thickly settled part of the city; the other is a short distance down the brook, having a dam and reservoir above it, with an area of about ten acres when the pond is full. The sewer…
1Opinion of the CourtAllen, J.
The defendants discharged their public sewer upon the land and into the mill-pond of the plaintiffs. The stream of water upon which the plaintiffs’ dam and mill-pond are established is a brook, and the natural outlet of the surface drainage of that part of the defendant city where the sewer is. At the trial it was found that the defendants are not riparian owners upon the brook, and have never acquired nor attempted to acquire the right to discharge the contents of the sewer into the plaintiffs’ pond, or upon their land, by license, purchase, prescription, or the exercise of the right of…
2Cases cited3 opinions
- Gilman v. LaconiaSupreme Court of New Hampshire · 1875
- Shepardson v. PerkinsSupreme Court of New Hampshire · 1878
- Parker v. NashuaSupreme Court of New Hampshire · 1879
3Cited by1 opinion
- Rhobidas v. ConcordSupreme Court of New Hampshire · 1899