Moore v. Berlin Mills Co.
Supreme Court of New Hampshire
Case, for injuries to the plaintiff’s land caused by the percolation of water from .Dead river, across which the defendant maintains a dam. Plea, the general issue. Trial by jury and verdict for the plaintiff. Transferred from the December term, 1906, of the superior court by Stone, J. The plaintiff’s sole claim was for injuries occasioned by the percolation of water from the defendant’s pond through land of the Grand Trunk Railway into her sand-pit.
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Case, for injuries to the plaintiff’s land caused by the percolation of water from .Dead river, across which the defendant maintains a dam. Plea, the general issue. Trial by jury and verdict for the plaintiff. Transferred from the December term, 1906, of the superior court by Stone, J. The plaintiff’s sole claim was for injuries occasioned by the percolation of water from the defendant’s pond through land of the Grand Trunk Railway into her sand-pit. Her land is bounded easterly by land of the railroad, is not contiguous to the defendant’s pond or to Dead river, and is from 97 to 183 feet…
1Opinion of the CourtWalkee, J.
In this action the plaintiff seeks to recover damages occasioned by water which, it is claimed, the defendant, by means of its dam across the river, causes to percolate through the ground and into the soil of the plaintiff. Between the river and the plaintiff’s land the railroad owns a strip of land from 97 to 183 feet wide, through which the water percolates before it reaches the plaintiff’s land. ' Hence it follows that the plaintiff cannot complain that the defendant’s dam obstructs the natural flow of the river or interferes with her riparian rights. So far as she is concerned, the…
2Cases cited11 opinions
- Horan v. ByrnesSupreme Court of New Hampshire · 1903
- Franklin v. DurgeeSupreme Court of New Hampshire · 1901
- Ladd v. Granite State Brick Co.Supreme Court of New Hampshire · 1894
- Dolbeer v. Suncook Water-Works Co.Supreme Court of New Hampshire · 1904
- Rindge v. SargentSupreme Court of New Hampshire · 1886
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3Cited by5 opinions
- Moulton v. Groveton Papers Co.Supreme Court of New Hampshire · 1972
- Cason v. Florida Power Co.Supreme Court of Florida · 1917
- Florida Power Co. v. CasonSupreme Court of Florida · 1920
- True v. McAlpineSupreme Court of New Hampshire · 1924
- Eley v. Eley v. Twin State Gas & Electric Co.Supreme Court of New Hampshire · 1922