Snow v. Cowles
Superior Court of New Hampshire
Case for diverting the water of Sugar River, in Claremont, from the plaintiffs’ cabinet shop and machinery. Upon the general issue, it appeared, that the plaintiffs, on the 2d of May, 1848, became owners of a lot upon the river, on which a cabinet shop, with a water-wheel and machinery was erected in 1836, and has been since used. The shop is on the north channel or branch of the river, where it is divided by a small island called Rock Island.
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Case for diverting the water of Sugar River, in Claremont, from the plaintiffs’ cabinet shop and machinery. Upon the general issue, it appeared, that the plaintiffs, on the 2d of May, 1848, became owners of a lot upon the river, on which a cabinet shop, with a water-wheel and machinery was erected in 1836, and has been since used. The shop is on the north channel or branch of the river, where it is divided by a small island called Rock Island. Above the shop, at the head of this island, were the defendants’ mills, called the Dexter Mills. Some of these had been standing fifty years, and none…
1Opinion of the CourtBell, J.
The case of Woodman v. Tufts, 9 N. H. Rep. 91, is decisive as to Simon Cowles, who became a part-owner of the Dexter Mills in 1846, after the repairs, which form the chief ground of complaint, had been made in 1844. No change of the dam or flume appears to have been made after he became the owner, which would subject him to any action. So far as the dam and flume are concerned, he would be liable, if at all, only for continuing the nuisance, which had been erected by others two years before. He was not notified to remove the dam, or that it was injurious to the owners below, or that they…
2Cases cited1 opinion
- Woodman v. TuftsSuperior Court of New Hampshire · 1837