Cross v. Berlin Mills Co.
Supreme Court of New Hampshire
Action, for damages to the plaintiff’s land caused by the defendant’s unreasonably flooding the same by means of a boom used for floating logs in the Androscoggin river. Trial by jury and verdict for the defendant. It was admitted by the defendant that the plaintiff’s land was overflowed at the time alleged, that damage resulted, and that the defendant had logs in the river which formed a jam at one of the piers in the river opposite the plaintiff’s premises.
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Action, for damages to the plaintiff’s land caused by the defendant’s unreasonably flooding the same by means of a boom used for floating logs in the Androscoggin river. Trial by jury and verdict for the defendant. It was admitted by the defendant that the plaintiff’s land was overflowed at the time alleged, that damage resulted, and that the defendant had logs in the river which formed a jam at one of the piers in the river opposite the plaintiff’s premises. The pier was located near the center of the stream and was used to attach the boom to. The contention of the defendant was that the…
1Opinion of the CourtWalker, J.
The plaintiff’s position, that the deed to Coe & Pingree conveyed to them merely an easement in gross to maintain a boom or booms in the river opposite his land for the purpose of floating logs, and consequently that it was not assignable, cannot be •sustained. As the right was expressly granted to them “their heirs and assigns forever” and as it was not otherwise limited or modified by other language in the deed, no argument is required in support of the proposition; that the parties to the deed understood it conveyed an inheritable and assignable right. The grantor’s intention thus clearly…
2Cases cited5 opinions
- Hill v. LordSupreme Judicial Court of Maine · 1861
- Mayor, Aldermen & Commonalty v. George LawNew York Court of Appeals · 1891
- Amidon v. HarrisMassachusetts Supreme Judicial Court · 1873
- Engel v. AyerSupreme Judicial Court of Maine · 1893
- Poull v. MockleyWisconsin Supreme Court · 1873
3Cited by4 opinions
- State v. MannionSupreme Court of New Hampshire · 1927
- Dunklee v. PriorSupreme Court of New Hampshire · 1922
- Danos v. Manchester Coal & Ice Co.Supreme Court of New Hampshire · 1946
- Rix v. RixSupreme Court of New Hampshire · 1932