McMillan v. Noyes
Supreme Court of New Hampshire
Bill in Equity, for an injunction to prevent tbe defendants from maintaining a dam across the Androscoggin river which causes the water to flow back upon the plaintiffs’ land. Transferred from the April term, 1907, of the superior court by Pike, J. The plaintiffs are riparian owners of land in Shelburne on the Androscoggin river above Lead Mine bridge, at which place the defendant Noyes constructed the dam complained of.
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Bill in Equity, for an injunction to prevent tbe defendants from maintaining a dam across the Androscoggin river which causes the water to flow back upon the plaintiffs’ land. Transferred from the April term, 1907, of the superior court by Pike, J. The plaintiffs are riparian owners of land in Shelburne on the Androscoggin river above Lead Mine bridge, at which place the defendant Noyes constructed the dam complained of. At the time of its construction he was the owner of land on both sides of the river at that point, having acquired his title September 1, 1905. The plaintiffs, believing that…
1Opinion of the CourtWalkek, J.
The finding of the court at the trial upon all the evidence is that an injunction shall issue against the Berlin-Shelburne Power Company, which will be hereinafter referred to as the Power Company, provided it has no right to maintain its petition under the provisions of chapter 142, Public Statutes, known as the flowage act. That act provides that “ any person or corporation authorized by its charter so to do may erect and maintain on his or its land, or upon land of another with his consent, a water-mill, and a dam to raise the water for working it, or for creating a reservoir of water, and…
2Cases cited8 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Arimond v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1872
- Miller v. TroostSupreme Court of Minnesota · 1869
- Western Union Telegraph Co. v. TrissalIndiana Supreme Court · 1884
- Arimond v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1874
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3Cited by12 opinions
- Cain v. BowlbyCourt of Appeals for the Tenth Circuit · 1940
- Curry v. Alabama Power Co.Supreme Court of Alabama · 1942
- Pacificorp, Inc. v. Department of RevenueWyoming Supreme Court · 2017
- State Ex Rel. Winterfield v. Hardin County Rural Electric CooperativeSupreme Court of Iowa · 1939
- President of Middlebury College v. Central Power Corp.Supreme Court of Vermont · 1928
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