Sargent v. Gutterson
Superior Court of New Hampshire
Case, for flowing the plaintiff’s meadow. The defendants asserted a right to flow the land of the plaintiff, and also the land of Clifford, Paige and others, by means of a pond, and a dam erected upon an ancient mill site, which had been maintained, as they alleged, since the year 1761. It appeared, from the testimony of Daniel H. Parker, that on the 7th day of April, 1836, he conveyed the premises to the plaintiff by deed of warranty.
Read the full summary
Case, for flowing the plaintiff’s meadow. The defendants asserted a right to flow the land of the plaintiff, and also the land of Clifford, Paige and others, by means of a pond, and a dam erected upon an ancient mill site, which had been maintained, as they alleged, since the year 1761. It appeared, from the testimony of Daniel H. Parker, that on the 7th day of April, 1836, he conveyed the premises to the plaintiff by deed of warranty. This witness was released by the plaintiff. Upon cross examination he stated that upon the sale he told the plaintiff that the defendants had no right to flow…
1Opinion of the CourtGilchrist, J.
The principle to be applied in this case is a familiar one, and the points are well settled by the authorities.
It is apparent that B. P. Paige, the witness, is as competent to testify as his father, Jeremiah Paige, would have been had *471be been living. The witness had an interest in a part of certain land flowed, of which his father was the sole owner. He had likewise an interest in the damages to be recovered in the suit instituted by his father against the defendants. He may, therefore, be considered as occupying a position similar to that of Jonathan Clifford ; and the question then is,…
2Cases cited6 opinions
- Mumford v. McPhersonNew York Supreme Court · 1806
- Hoyt v. WildfireNew York Supreme Court · 1808
- Bliss v. ThompsonMassachusetts Supreme Judicial Court · 1808
- Coleman v. WiseNew York Supreme Court · 1807
- Perley v. LangleySuperior Court of New Hampshire · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881