Curtice v. Thompson
Superior Court of New Hampshire
Case, for that the defendants, from Oct. 1,1840, to the date of the writ, Oct. 21, 1846, “ maintained, kept up and continued a mill-dam in Danbury, across Bog brook,” and by means thereof caused the plaintiff’s land to be overflowed, &c. The case was tried upon the general issue.
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Case, for that the defendants, from Oct. 1,1840, to the date of the writ, Oct. 21, 1846, “ maintained, kept up and continued a mill-dam in Danbury, across Bog brook,” and by means thereof caused the plaintiff’s land to be overflowed, &c. The case was tried upon the general issue. It appeared that a mill-dam had been kept up and maintained at the site of the defendant’s dam ever since the year 1812, and it was not disputed that a right had been acquired by long use and acquiescence, to maintain a dam of some kind. The defendants purchased the mill and dam, July 18, 1842, and in 1843 repaired…
1Opinion of the CourtWoods, J.
A question is made in this case, whether the facts proved sustain the plaintiff’s allegation, that the defendants maintained, kept up and continued the dam, and *478thereby caused the plaintiff’s land to be overflowed. The defendants purchased the mill and the dam in 1842, and had the right to maintain and keep it as they then found it. But in 1843 they repaired the dam, and so changed its character and construction as to cause the damage of which the plaintiff complains. His land was flowed beyond the point to which the defendants had any right to flow it by means of their dam. This is the…
2Cases cited1 opinion
- Plumer v. HarperSuperior Court of New Hampshire · 1824
3Cited by2 opinions
- Griffin v. BartlettSupreme Court of New Hampshire · 1875
- Schoff v. Upper Connecticut River & Lake Improvement Co.Supreme Court of New Hampshire · 1876