Legal Opinion

Cummings v. Parker

Supreme Court of New Hampshire

Decided December 5, 1881PublishedCited by 1 opinion

Case, for diverting water from the plaintiffs’ grist-mill. The following facts were found by a referee: The plaintiffs are owners of a grist-mill on the easterly side of the Ammonoosuc river in the village of Lisbon, and the defendants are owners of a box-factory and lumber-mill on the westerly side; and both parties have heretofore taken water for the use of their respective mills from the same dam. No question of prescriptive right was raised at the trial.

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Case, for diverting water from the plaintiffs’ grist-mill. The following facts were found by a referee: The plaintiffs are owners of a grist-mill on the easterly side of the Ammonoosuc river in the village of Lisbon, and the defendants are owners of a box-factory and lumber-mill on the westerly side; and both parties have heretofore taken water for the use of their respective mills from the same dam. No question of prescriptive right was raised at the trial. For many years before March 16, 1812, there had been a dam across the river, at or near the site of the present dam, and a gristmill and…

1Opinion of the Court

May 4, 1843, the heirs of Hamlin Rand quitclaimed to Robert Rand "the tannery land and buildings thereunto belonging, and the mill privilege connected therewith," on the westerly side of the Ammonoosuc river, in Lisbon, and at the same time Robert quitclaimed to the heirs "the grist-mill with all the land and the privileges thereto belonging" on the easterly side of the river. The plaintiffs are the present owners of the grist-mill and its privileges, and the defendants of the tannery land and its privileges; and the issue between them is as to the priority and extent of their respective…

2Cases cited1 opinion

  1. City of San Francisco v. LawtonCalifornia Supreme Court · 1861

3Cited by1 opinion

  1. Watson v. BartlettSupreme Court of New Hampshire · 1883

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