Carter v. Berlin Mills Co.
Supreme Court of New Hampshire
Case, to recover damages for injuries to the plaintiff’s land, occasioned by flowage. Facts found by a referee. The plaintiff is the owner of lands situated on both sides of Clear Stream, in the town of Errol. Clear Stream, where it divides these lands, is a public highway, for the purpose of driving logs in the season of the year when such business is usually done, and in times of high water. The defendants own timber lands on the stream, above the plaintiff’s lands.
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Case, to recover damages for injuries to the plaintiff’s land, occasioned by flowage. Facts found by a referee. The plaintiff is the owner of lands situated on both sides of Clear Stream, in the town of Errol. Clear Stream, where it divides these lands, is a public highway, for the purpose of driving logs in the season of the year when such business is usually done, and in times of high water. The defendants own timber lands on the stream, above the plaintiff’s lands. They also own dams, above the plaintiff’s premises, on the stream, built for the purpose of holding back the water, and then…
1Opinion of the CourtFoster, J.
Every person who inflicts an injury through his own negligent or wrongful act is responsible in damages for its consequences.
This rule applies to all servants and agents executing the orders or the business of their masters or principals, as well as to the masters and principals themselves; but, as the servants or agents are often persons unable to make compensation to the parlies injured by their acts, the law properly holds the master or employer responsible for the act of his servant or agent, whether the work is done by a domestic servant or day-laborer, or by a person who works by the…
2Cases cited19 opinions
- Blake v. . FerrisNew York Court of Appeals · 1851
- Moore v. SanborneMichigan Supreme Court · 1853
- City of Detroit v. CoreyMichigan Supreme Court · 1861
- Kelly v. . the Mayor C. of New-YorkNew York Court of Appeals · 1854
- Slater v. . MersereauNew York Court of Appeals · 1876
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Arthur v. Holy Rosary Credit UnionSupreme Court of New Hampshire · 1995
- Rhobidas v. ConcordSupreme Court of New Hampshire · 1899
- Barrett v. Foster Grant Co.District Court, D. New Hampshire · 1970
- Wilson v. Nooter Corp.Court of Appeals for the First Circuit · 1974
- Knowlton v. HoitSupreme Court of New Hampshire · 1891
3 more not listed; retrieve them via the Exa API.