Plumer v. Harper
Superior Court of New Hampshire
This was an action of the case for maintaining and continuing a dam across the Pemigewasset brook, from July 8, 1821, to August 6, 1822, whereby the plaintiff’s land was covered with water, and injured. The cause was tried here at September term, 1823, upon the general issue ; when it appeared in e\ idence, that the defendant, in 1818, erected a dam across the Pemigewasset brook, which caused the water to overflow the plaintiff’s land, and injure his grass and trees.
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This was an action of the case for maintaining and continuing a dam across the Pemigewasset brook, from July 8, 1821, to August 6, 1822, whereby the plaintiff’s land was covered with water, and injured. The cause was tried here at September term, 1823, upon the general issue ; when it appeared in e\ idence, that the defendant, in 1818, erected a dam across the Pemigewasset brook, which caused the water to overflow the plaintiff’s land, and injure his grass and trees. But it appeared, that the defendant, on the 23d November, 1820, by deed, conveyed to one John Harper the dam and the land, on…
1Opinion of the CourtRichardson, C. J.
It is contended, on the part of the defendant, in this case, that he is not liable for the injury, of which the plaintiff complains, because, previous to the time mentioned in the declaration, he conveyed the land, upon which the nuisance had been erected, to a third person ; and so the continuance of the nuisance must be deemed, not his act, but the act of such third person ; and the question is, whether the defendant is liable for the continuance of the nuisance, after having parted with his title to the land ?
He, who is injured by a nuisance, may enter and abate it, or he may have redress…
2Cited by3 opinions
- Brady v. WeeksNew York Supreme Court · 1848
- Curtice v. ThompsonSuperior Court of New Hampshire · 1849
- Davis v. JewettSuperior Court of New Hampshire · 1842