Watson v. Bartlett
Supreme Court of New Hampshire
Case, for flowage. Facts found by a referee. The plaintiff’s land borders on a natural pond. Adjacent to the plaintiff’s land, and bordering on the same pond, is the defendant’s land, through which a brook, which is the outlet of the pond, runs. On the brook, a short distance below the outlet of the pond, the defendant has a dam with a mill, and the dam raises the water in the pond above its ■ natural level, so that it overflows to some extent the plaintiff’s land.
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Case, for flowage. Facts found by a referee. The plaintiff’s land borders on a natural pond. Adjacent to the plaintiff’s land, and bordering on the same pond, is the defendant’s land, through which a brook, which is the outlet of the pond, runs. On the brook, a short distance below the outlet of the pond, the defendant has a dam with a mill, and the dam raises the water in the pond above its ■ natural level, so that it overflows to some extent the plaintiff’s land. Prior to 1800 Nehemiah Bartlett owned the tract of land which included both the plaintiff’s and the defendant’s lots. February…
1Opinion of the CourtAllen, J.
The plaintiff derives his title from the deed of Nehemiah Bartlett to Reuben Brown in 1800, and the defendant’s right of flowage comes from the reservation in the same deed,, which was a reservation of “the mill privilege and the right of flowing said premises on said lot.” The “mill privilege” was not upon the land conveyed to Brown and now held by the plaintiff, and was not included within the boundaries of his deed; and the reservation of the right to flow the land conveyed must have been a reservation of a right connected with and for the benefit of the “mill privilege” retained and not…
2Cases cited1 opinion
- Cummings v. ParkerSupreme Court of New Hampshire · 1881
3Cited by1 opinion
- Flint v. Union Water Power Co.Supreme Court of New Hampshire · 1906