Cummings v. Parker
Supreme Court of New Hampshire
Case, for diverting water from the plaintiffs’ grist-mill. The following facts were found by a referee: The plaintiffs are owners of a grist-mill on the easterly side of the Ammonoosuc river in the village of Lisbon, and the defendants are owners of a box-factory and lumber-mill on the westerly side; and both parties have heretofore taken water for the use of their respective mills from the same dam. No question of prescriptive right was raised at the trial.
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Case, for diverting water from the plaintiffs’ grist-mill. The following facts were found by a referee: The plaintiffs are owners of a grist-mill on the easterly side of the Ammonoosuc river in the village of Lisbon, and the defendants are owners of a box-factory and lumber-mill on the westerly side; and both parties have heretofore taken water for the use of their respective mills from the same dam. No question of prescriptive right was raised at the trial. For many years before March 16, 1812, there had been a dam across the river, at or near the site of the present dam, and a gristmill and…
1Opinion
In 1803, Jesse Young owned land, mills, and waterpower on the east side of the river: on the west side there was no mill, canal, or use of the dam or pond. In that year, and in that condition of land and water, Young received from Obadiah Belknap, for the expressed consideration of $10, a conveyance of an acre of land, bounded, in part, "as follows, viz. beginning at the northeasterly corner of the Belknap Lot so called, west side of Ammonoosuc River, opposite the said Young's mills, thence running twenty rods on the river bank . . . and is to contain one full acre be the same more or less."…
2Cases cited2 opinions
- Town v. FaulknerSupreme Court of New Hampshire · 1875
- Seavey v. JonesSupreme Court of New Hampshire · 1862