Eastman v. Amoskeag Manufacturing Co.
Supreme Court of New Hampshire
Case, for flowing the plaintiffs’ land on the Merrimack river, between July 3, 1856, and October 21, 1859, by means of the defendants’ dam and flash-boards, at Amoskeag falls, across said river, below said land, and thereby washing away the soil. The declaration alleged the plaintiffs’ seizin in the right of the wife.
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Case, for flowing the plaintiffs’ land on the Merrimack river, between July 3, 1856, and October 21, 1859, by means of the defendants’ dam and flash-boards, at Amoskeag falls, across said river, below said land, and thereby washing away the soil. The declaration alleged the plaintiffs’ seizin in the right of the wife. Failing at first to prove their deed, the plaintiffs began by introducing evidence tending to show possession of the premises, described in the declaration, in said Arthur, from the summer of 1856. The defendants’ dam and flash-boards had for some time prior to this been kept at…
1Opinion of the CourtSargent, J.
It becomes immaterial to consider whether the evidence concerning the state and condition of the stream before the plaintiffs’ possession commenced, would have been competent, had no other title but possession been introduced; because it was afterward made competent by the introduction of the plaintiffs’ deed, which showed not only the extent of the possession but of the right. And were we satisfied that this evidence was incompetent at the time it was introduced, and as the case then stood, concerning which we express no opinion, yet, where the plaintiffs, by the next piece of evidence —…
2Cases cited6 opinions
- State v. JohnstonTennessee Supreme Court · 1847
- Waggoner v. JermaineNew York Supreme Court · 1846
- Johnson v. LewisSupreme Court of Connecticut · 1839
- Crittenden v. WilsonNew York Supreme Court · 1825
- Branch v. DoaneSupreme Court of Connecticut · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. Ottati & Goss, Inc.District Court, D. New Hampshire · 1985