Goodrich v. Eastern Railroad
Supreme Court of New Hampshire
Assumpsit, founded upon an agreement by the defendants to pay certain damages for filling with an embankment the plaintiff's’ mill-pond, on the northerly side line of the defendants’ bridge.
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Assumpsit, founded upon an agreement by the defendants to pay certain damages for filling with an embankment the plaintiff's’ mill-pond, on the northerly side line of the defendants’ bridge. The action was brought in the Common Pleas, the suit being dated January 27, 1852. At the September term, 1854, the parties entered into an agreement that the case should be examined by a commissioner, with a view to determine whether the plaintiffs were entitled to recover anything, it being “understood and agreed that the question as to the amount of the damages is reserved, and if it shall appear that…
1Opinion of the CourtEastman, J.
When this case was before us on a former occasion (37 N. H. 149,) it was held that the embankment *394made by the defendants was such modification of the bridge as was intended by the parties in the release of damages from the plaintiffs in 1843; that the defendants, having proceeded to make the embankment upon the understanding expressed in the proviso, that the plaintiffs were not to be prejudiced in their claim for further damages occasioned by it, the plaintiffs could maintain the action for compensation on account of the damages; that the saving and excepting clause in the release from the…
2Cited by3 opinions
- Breest v. PerrinDistrict Court, D. New Hampshire · 1980
- Griffin v. BartlettSupreme Court of New Hampshire · 1875
- Brooks v. New DurhamSupreme Court of New Hampshire · 1875