Worster v. Winnipiseogee Lake Co.
Superior Court of New Hampshire
Case for flowing land. The plaintiff declared that on the ninth day of November, 1848, and ever since, she has been, and still is, possessed of a tract of land, situated in Tuftonborough, in the county of Carroll, bounded, &c.
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Case for flowing land. The plaintiff declared that on the ninth day of November, 1848, and ever since, she has been, and still is, possessed of a tract of land, situated in Tuftonborough, in the county of Carroll, bounded, &c. Yet the defendant, on the tenth day of September, 1846, and since, until the present time, by means of a dam across the Winnipiseogee river, near Lake Village, in said county, obstructed the course of the water from the lake, and caused it to overflow the plaintiff’s land, whereby, &c. There was also a second count, in which it was alleged that the dam of the defendants…
1Opinion of the CourtGilchrist, C. J.
The question before us is whether this action is properly brought in the county of Belknap.
The general rule as to local and transitory actions is well settled. When the cause of action could only have arisen in a particular place or county, it is local, and the venue must be laid therein. As in real actions, mixed actions, waste, qua/re imp edit, or ejectment for the recovery of the seizin or possession of land or other real property. So actions, though merely for damages occasioned by injuries to real property, are local, as trespass or case for nuisances to houses, lands, water-courses,…
2Cases cited1 opinion
- White v. SanbornSuperior Court of New Hampshire · 1833
3Cited by1 opinion
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