Fuller v. Daniels
Supreme Court of New Hampshire
Bill in Equity, for an injunction to restrain the diversion of water from the plaintiff’s mill, for an assessment of damages for such diversion, and to define the respective water rights of the plaintiff and the defendant. Facts found by the court.
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Bill in Equity, for an injunction to restrain the diversion of water from the plaintiff’s mill, for an assessment of damages for such diversion, and to define the respective water rights of the plaintiff and the defendant. Facts found by the court. April 2, 1849, the Souhegan Manufacturing Company owned a dam and water-power on the Souhegan river in Milford village, and land and mills on both sides of the river, and on that day conveyed to Daniel Putnam and Leonard Chase all the land, buildings, &c., of said company lying on the westerly side of the river, and between the river and highway,…
1Opinion of the CourtBlodgett, J.
The provisions of the conveyance from the Souhegan Manufacturing Company to Putnam and Chase expressly gave to the latter the right to draw from the grantor’s pond, through the flume belonging, to the premises conveyed, all the water not needed for the grantor’s use; that is, Putnam and Chase toot by the conveyance the 'right to draw and to use so much of the water in the pond as was not required by the company in operating their mill as it was then operated. The plaintiff has succeeded to the rights of Putnam and Chase, and the defendant to those remaining in the company. The plaintiff is…
2Cited by2 opinions
- Fowler v. KentSupreme Court of New Hampshire · 1902
- Hutchins v. BerrySupreme Court of New Hampshire · 1907