Russell v. Emerson

Lake Horace, formerly called Weare Reservoir, was created about 1914 by the erection of a dam on the Piscataquog River by the Weare Improvement and Reservoir Association (WIRA). The area in dispute is a point or peninsula which projects into the lake from the northerly shore adjoining land admittedly owned by the plaintiff. There are no bounds or other indications on the ground which separate the point from the plaintiff’s land. The disputed area, which is wild and undeveloped, is inaccessible by land since the flooding except over property admittedly owned by the plaintiff.

The plaintiff…