Taggart v. Jaffrey
Supreme Court of New Hampshire
Petition, for the assessment of damages caused by taking water from Bullet pond. Facts agreed. Prior to 1902, water from Bullet pond, after passing through Grassy pond and along a natural stream, flowed in an artificial channel cut through some rising ground and thence along a natural depression past the plaintiff’s premises. The water was diverted to this channel by a dam across the natural water-course, and has flowed in this artificial channel for over sixty years.
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Petition, for the assessment of damages caused by taking water from Bullet pond. Facts agreed. Prior to 1902, water from Bullet pond, after passing through Grassy pond and along a natural stream, flowed in an artificial channel cut through some rising ground and thence along a natural depression past the plaintiff’s premises. The water was diverted to this channel by a dam across the natural water-course, and has flowed in this artificial channel for over sixty years. Who built it, and when and by whom the water was diverted thereto, did not appear; but it was constructed and kept in repair…
1Opinion of the CourtPbaslee, J.
The waters flowing from Bullet pond were diverted from their natural channel more than sixty years ago, and have since flowed in the channel then prepared for them. The change was evidently intended to be permanent, and the present channel of the stream is now, for all legal purposes, its natural one. “ It has often been decided, both in England and America, that water-courses made by the hand of man may have been created under such conditions that, so far as the rules of law and the rights of the public or of individuals are concerned, they are to be treated as if they were of natural…
2Cases cited11 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Smith v. YoumansWisconsin Supreme Court · 1897
- Townsend v. . McDonaldNew York Court of Appeals · 1855
- Ford v. WhitlockSupreme Court of Vermont · 1855
- Stimson v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1908
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