Green v. Gilbert
Supreme Court of New Hampshire
Case, for damage done by sawdust discharged from the defendants’ mill into Dead river, and carried down by the stream to the plaintiff’s land. The defendants’ mill is driven by steam, and its sawdust is carried by a belt and box to the river. In the river, at the lower end of the plaintiff’s land, is a dam, the gate of which, before 1873, was generally closed during the winter, but not so as to flow the upper end of his land.
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Case, for damage done by sawdust discharged from the defendants’ mill into Dead river, and carried down by the stream to the plaintiff’s land. The defendants’ mill is driven by steam, and its sawdust is carried by a belt and box to the river. In the river, at the lower end of the plaintiff’s land, is a dam, the gate of which, before 1873, was generally closed during the winter, but not so as to flow the upper end of his land. In 1873-4-5 he lowered the outlet of his pond for the purpose of drainage, raised his land in beds, made ditches, removed stumps and roots, put in' under-drains, planted…
1Opinion of the CourtDoe, C. J.
The evidence that the deposit of the sawdust on the plaintiff’s land was caused by his improvement of his land and his use of his dam, was admissible. The use made of the stream' by each party, and all the causes of the damage, were facts, to be considered on the question whether the defendants’ use was reasonable. Hayes v. Waldron, 44 N. H. 580.
From the plaintiff’s commendation of the ingenious contrivance for conveying the sawdust to the river, before 1873, accompanied by no complaint of injury, might be implied his admission that such a disposition of the dust was then a reasonable use of…
2Cited by2 opinions
- Ladd v. Granite State Brick Co.Supreme Court of New Hampshire · 1894
- Davis v. WhitneySupreme Court of New Hampshire · 1894