Jones v. Whittemore
Supreme Court of New Hampshire
Petition, by a landowner, under sections 12 to 19, chapter 142, of the Public Statutes, for the assessment of damages to her land -by the use of the defendant’s dam, situate on the outlet of Lake Waukewan in Meredith. The case was heard by a committee.
Read the full summary
Petition, by a landowner, under sections 12 to 19, chapter 142, of the Public Statutes, for the assessment of damages to her land -by the use of the defendant’s dam, situate on the outlet of Lake Waukewan in Meredith. The case was heard by a committee. After a portion of the plaintiff’s testimony had been introduced, the defendant moved that the bill be dismissed, on the ground that, as he did not ask to have the flowage rights under his deed extended, and did not wish" or intend to.exercise any flowage rights to which he did not have a clear legal title, the referees had no jurisdiction in…
1Opinion of the CourtParsons, J.
The defendant claims that no judgment can be rendered against him in this proceeding, (1) because he does not wish or intend to exercise any flowage rights to which he has not a clear legal title; (2) because the mill act does not apply to navigable waters.
The committee find, in substance, that the ojieration of the defendant’s dam, gates, and flash-boards during his ownership has resulted in flowing the plaintiff’s land beyond the defendant’s contractual or common-law right; that such operation is of public benefit and necessary, but that the same can be operated so as not to flow the…
2Cases cited2 opinions
- Chapman v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1892
- Town v. FaulknerSupreme Court of New Hampshire · 1875
3Cited by1 opinion
- Newmarket Electric Co. v. ChaseSupreme Court of New Hampshire · 1919