Wright v. Pemigewasset Power Co.
Supreme Court of New Hampshire
Petition, for assessment of damages under the flowage act. Transferred from the March term, 1907, of the superior court by Stone, J. The plaintiff owns a farm bordering on the Pemigewasset river, which the defendants overflowed by means of a dam built in 1902 and 1903 on their land further down the stream. They made no settlement with the plaintiff, and in March, 1905, she brought an action at law for damages.
Read the full summary
Petition, for assessment of damages under the flowage act. Transferred from the March term, 1907, of the superior court by Stone, J. The plaintiff owns a farm bordering on the Pemigewasset river, which the defendants overflowed by means of a dam built in 1902 and 1903 on their land further down the stream. They made no settlement with the plaintiff, and in March, 1905, she brought an action at law for damages. In August, 1907, this petition was filed by agreement of parties as ail amendment to the original action. It was then agreed that the defendants’ dam was a public benefit, and they…
1Opinion of the CourtYoung, J.
1. The question raised by the defendants’ first exception is whether it was permissible in any view of the facts to compute interest on the verdict from February 7, 1903, that being the date upon which the defendants flowed the plaintiff’s land. In answering this question it will be necessary to consider the nature of this proceeding. Two views have been presented : one that it is an action to assess the damages the plaintiff has sustained because of the defendants’ illegal acts, and the other that it is to ascertain the value of the flowage rights the defendants wish to acquire in the…
2Cited by5 opinions
- Newmarket Electric Co. v. ChaseSupreme Court of New Hampshire · 1919
- Bean v. Central Maine Power Co.Supreme Judicial Court of Maine · 1934
- Dummer Power Co. v. International Paper Co.Supreme Court of New Hampshire · 1924
- Gans v. GantDistrict Court, D. New Hampshire · 2013
- Kelemen v. SmithDistrict Court, D. New Hampshire · 1997