State v. Hutchins
Supreme Court of New Hampshire
Bill in Equity, for the abatement of a public nuisance, consisting of a bridge which connects Governor’s island with the mainland and obstructs a navigable strait in lake Winnepesaukee. The case was heard by a master whos'e findings were confirmed by Pike, J., who transferred the case to this court, upon the state’s exceptions, from the March term, 1913, of the superior court.
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Bill in Equity, for the abatement of a public nuisance, consisting of a bridge which connects Governor’s island with the mainland and obstructs a navigable strait in lake Winnepesaukee. The case was heard by a master whos'e findings were confirmed by Pike, J., who transferred the case to this court, upon the state’s exceptions, from the March term, 1913, of the superior court. It was briefed and argued orally in this court by James P. Tuttle, attorney-general, and Robert L. Manning for the plaintiff, and by Charles B. Hibbard and Walter S. Peaslee, for the defendant. After it had been…
1Opinion of the CourtPeaslee, J.
The state’s exception to the refusal to order the raising of the bridge to a height giving fifteen feet clearance above high water, presents the question whether the public right of naviga tion in this strait has been granted away by the legislature. If it has not been so granted, the defendant has no right to prevent such navigation. Conn. River Lumber Co. v. Company, 65 N. H. 290.
The defendant's rights in the premises are based upon an act passed by the legislature in 1808. At that time his predecessor in title, Nathaniel Davis, had constructed a bridge at this place, and petitioned the…
2Cases cited9 opinions
- Concord Manufacturing Co. v. RobertsonSupreme Court of New Hampshire · 1889
- State v. KeanSupreme Court of New Hampshire · 1896
- Connecticut River Lumber Co. v. Olcott Falls Co.Supreme Court of New Hampshire · 1889
- State v. Boston & Maine RailroadSupreme Court of New Hampshire · 1909
- Farmington National Bank v. BuzzellSupreme Court of New Hampshire · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Concord v. TompkinsSupreme Court of New Hampshire · 1984
- Rye Beach Village District v. BeaudoinSupreme Court of New Hampshire · 1974
- Ross v. DanielNew Mexico Supreme Court · 1949
- State v. BunkowskiNevada Supreme Court · 1972
- Turco v. Town of BarnsteadSupreme Court of New Hampshire · 1992
1 more not listed; retrieve them via the Exa API.