Priest v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for obstructing the plaintiff’s drainage, thereby causing’ her cellar to be flooded and her well to be polluted. Facts found by a referee, and case transferred from the April term, 1901, of the superior court by Young, J. The plaintiff and the defendants in 1890 and before were, and ;still are, owners of adjoining lands. There was on the defendants’ land a low place — a swamp or bog — where there was usually more or less water.
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Case, for obstructing the plaintiff’s drainage, thereby causing’ her cellar to be flooded and her well to be polluted. Facts found by a referee, and case transferred from the April term, 1901, of the superior court by Young, J. The plaintiff and the defendants in 1890 and before were, and ;still are, owners of adjoining lands. There was on the defendants’ land a low place — a swamp or bog — where there was usually more or less water. This came in part from a spring or .springs on the defendants’ land, and was in part due to an accumulation of the surface drainage and percolation through the…
1Opinion of the CourtParsons, J.
In the first count in her writ, which has been made a part of the case, the plaintiff alleges the obstruction by the defendants of a certain drain appurtenant to her estate; in the second, the obstruction of a water-course. Upon both these claims the referee has found the fact against the plaintiff. There was no water-course, and the drain was not appurtenant to her estate. The evidence upon which these findings were made is not reported, and no question as to its sufficiency as matter of law is raised. Whether the plaintiff should be permitted to restate her claim by amendment is a question…
2Cases cited2 opinions
- Ladd v. Granite State Brick Co.Supreme Court of New Hampshire · 1894
- Flanders v. FranklinSupreme Court of New Hampshire · 1899
3Cited by1 opinion
- Hume v. City of Des MoinesSupreme Court of Iowa · 1910