Chapman v. Newmarket Manufacturing Co.
Supreme Court of New Hampshire
Petition, under Gen. Laws, c. 141, ss. 15, 16, alleging that the defendants for “ twenty years last past have kept up and improperly maintained a.dam across Lamprey river,” and “have within the space of three years last past rebuilt and improperly and unlawfully enlarged said dam,” thereby flowing and injuring the plaintiff’s land, and praying that “ her past, present, and prospective damages may be assessed according to law.”
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Petition, under Gen. Laws, c. 141, ss. 15, 16, alleging that the defendants for “ twenty years last past have kept up and improperly maintained a.dam across Lamprey river,” and “have within the space of three years last past rebuilt and improperly and unlawfully enlarged said dam,” thereby flowing and injuring the plaintiff’s land, and praying that “ her past, present, and prospective damages may be assessed according to law.” The defendants claimed in their answer the right to maintain their dam a foot higher than it was August 10, 1826; and they say they “intend to maintain their said dam…
1Opinion of the Court
Per Curiam. *
It is not material in this case whether the mill act (Laws 1868, e. 20; Gen. Laws, e. 141, ss. 15-19) is an act of eminent domain, as it is held to be in this state ( Great Falls Manufacturing Co. v. Fernald, 47 N. H. 444), or a regulation of waterpower, as it is held to be by the federal court. Head v. Amoskeag Manufacturing Co., 113 U. S. 9. It authorizes the defendants to flow the plaintiff’s land. It also authorizes either party to bring a suit of this kind for the assessment of damages for an injury done to the land-owner by the mill-owner’s exercise of his statutory right…
2Cases cited2 opinions
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
- Aldworth v. City of LynnMassachusetts Supreme Judicial Court · 1891
3Cited by6 opinions
- Moulton v. Groveton Papers Co.Supreme Court of New Hampshire · 1972
- N.H. Board C. v. CompanySupreme Court of New Hampshire · 1939
- Hadlock v. JaffreySupreme Court of New Hampshire · 1910
- Jones v. WhittemoreSupreme Court of New Hampshire · 1900
- Gordon v. International Paper Co.Supreme Court of New Hampshire · 1903
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