Batchelder v. Hibbard
Supreme Court of New Hampshire
Petition, for the assessment of damages, under the provisions of c. 20, Laws of 1868. The committee to whom the petition was referred reported that the plaintiffs’ mill is of public benefit, and that their dam was erected with the permission, by parol, of the defendant, upon Ms land, and has since been maintained with his consent, except so far. as he has, from time to time, objected to the plaintiffs’ right to use it, and to the use made of it, to flow his land.
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Petition, for the assessment of damages, under the provisions of c. 20, Laws of 1868. The committee to whom the petition was referred reported that the plaintiffs’ mill is of public benefit, and that their dam was erected with the permission, by parol, of the defendant, upon Ms land, and has since been maintained with his consent, except so far. as he has, from time to time, objected to the plaintiffs’ right to use it, and to the use made of it, to flow his land. The committee assessed the defendant’s damages. The plaintiffs moved for judgment on the report, which the court, pro forma,…
1Opinion of the CourtSmith, J.
The committee have not found in terms whether the license was revoked. The revocation of a parol license may be in writing, or verbal, or by acts clearly giving the licensee notice of the licenser’s intention. Carleton v. Redington, 21 N. H. 291, 311. The committee have reported certain facts from which a revocation may bo inferred ; but whether the license was revoked, is a question of fact to be found by them, or by the court at the trial term.
The plaintiffs’ counsel strenuously contend that a parol license to exercise a privilege upon the land of another cannot be revoked when it has been…
2Cited by5 opinions
- Hodsdon v. KennettSupreme Court of New Hampshire · 1905
- Hallett v. ParkerSupreme Court of New Hampshire · 1896
- Quimby v. StrawSupreme Court of New Hampshire · 1901
- Batchelder v. HibbardSupreme Court of New Hampshire · 1880
- James Boyle, Individually and as Trustee of the 150 Greenleaf Avenue Realty Trust v. City of PortsmouthSupreme Court of New Hampshire · 2020