Shepardson v. Perkins
Supreme Court of New Hampshire
Case, for diverting water. The defendants, and those under whom they claim,, constructed an artificial watercourse, or channel, extending from a point on Sugar river, in Claremont, to a point below on tlie same stream, through the premises now owned by the plaintiff, and erected mills, at the point where the artificial channel leaves the natural stream, about 1812, and the water was allowed to flow through that channel unobstructed, until 1871, when the defendants obstructed…
Read the full summary
Case, for diverting water. The defendants, and those under whom they claim,, constructed an artificial watercourse, or channel, extending from a point on Sugar river, in Claremont, to a point below on tlie same stream, through the premises now owned by the plaintiff, and erected mills, at the point where the artificial channel leaves the natural stream, about 1812, and the water was allowed to flow through that channel unobstructed, until 1871, when the defendants obstructed it, and prevented the water flowing through it. In 1856, the title to the premises of the plaintiff and the defendants…
1Opinion of the CourtStanley, J.
The verdict, having been ordered, must be set aside if there was any evidence upon which the jury might have found for the plaintiff. Hazelton v. Batchelder, 44 N. H. 40; Dailey v. Blake, 85 N. H. 29; Johnson v. Railroad, 46 N. H. 228.
The question then is, whether there was such evidence. The plaintiff claims that, as riparian owner, he can maintain this action. In 1812, the then owner of the defendants’ premises constructed the artificial channel upon which the plaintiff’s mills are situated, and drew about one half the water of the river therein, using, as it passed, so much of it as his…
2Cases cited1 opinion
- Belknap v. TrimbleNew York Court of Chancery · 1831
3Cited by5 opinions
- Clement v. State Reclamation BoardCalifornia Supreme Court · 1950
- Natural Soda Products Co. v. City of Los AngelesCalifornia Supreme Court · 1943
- Vale Mills v. NashuaSupreme Court of New Hampshire · 1884
- Clement v. State Reclamation BoardCalifornia Supreme Court · 1950
- Natural Soda Products Co. v. City of Los AngelesCalifornia Supreme Court · 1943