Thompson v. Androscoggin River Improvement Co.
Supreme Court of New Hampshire
Case, to recover damages occasioned by the flowing of the plaintiff’s land on the Androscoggin river, below the defendants’ dams. Yer-diet for the plaintiff.
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Case, to recover damages occasioned by the flowing of the plaintiff’s land on the Androscoggin river, below the defendants’ dams. Yer-diet for the plaintiff. With a plea of the general issue, the defendants íiled a brief statement, setting forth (64 N. H. 545-547) the terms of a charter granted them by the legislature of this state, under which they have made certain improvements of the channel of the river, from its source to the northern limits of the Androscoggin Boom Company, erecting dams, sluices, and side-booms, and making other improvements, to facilitate the running of logs and…
1Opinion of the CourtFoster, J.
The defendants claim that the authority conferred by their charter, to make improvements of the river within a certain location upon payment of damages to owners of property injured thereby, is a guaranty of immunity against liability for any injury occasioned, by means of the improvements thus authorized, to property outside the prescribed location.
This position cannot be sustained. The terms of the charter in this respect are restrictive as to the locality of the improvements authorized. See 54 N. H. 546. Compensation for damages to property, injuriously affected within the location by…
2Cases cited2 opinions
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- McManus v. CarmichaelSupreme Court of Iowa · 1856
3Cited by4 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Rindge v. SargentSupreme Court of New Hampshire · 1886
- State v. GarceauSupreme Court of New Hampshire · 1978
- Moore v. Berlin Mills Co.Supreme Court of New Hampshire · 1907