Newmarket Electric Co. v. Chase
Supreme Court of New Hampshire
Petitions, for the assessment .of damages under the flowage acts, filed prior to actual flowage under the provisions of Laws 1911, c. 114. The petitions were heard by a committee, whose report was accepted and judgment rendered thereon, with 50 per cent added. At the hearing before the committee the petitioner stipulated that it would not flow before July 1, 1919, and that fact was considered in making up the award.
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Petitions, for the assessment .of damages under the flowage acts, filed prior to actual flowage under the provisions of Laws 1911, c. 114. The petitions were heard by a committee, whose report was accepted and judgment rendered thereon, with 50 per cent added. At the hearing before the committee the petitioner stipulated that it would not flow before July 1, 1919, and that fact was considered in making up the award. The petitioner moved for a stay of execution until it flowed the land, and the defendants moved for interest from the date of the petitions. The disposition of these motions was…
1Opinion of the CourtPbaslee, J.
The motions pending in these cases raise certain questions touching the applicability of the decisions under the original flowage act (P. S., c. 142, ss. 12-18), as amended in 1893 (Laws 1893, c. 50), to proceedings under Laws 1911, c. 114. The latter act provides that one proposing to erect a dam “may file in the superior court a petition, setting forth the location, height, and description of the proposed dam and applying for flowage rights in land to be flowed thereby, and if it shall appear that the erection of the dam is or may be of public use and benefit, then the court shall proceed…
2Cases cited9 opinions
- Barker v. Publishers' Paper Co.Supreme Court of New Hampshire · 1918
- McMillan v. NoyesSupreme Court of New Hampshire · 1909
- Dolbeer v. Suncook Water-Works Co.Supreme Court of New Hampshire · 1904
- Littleton v. Berlin Mills Co.Supreme Court of New Hampshire · 1904
- Wright v. Pemigewasset Power Co.Supreme Court of New Hampshire · 1908
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3Cited by1 opinion
- Hackman v. American Mutual Liability InsuranceSupreme Court of New Hampshire · 1970