Hutchins v. Berry
Supreme Court of New Hampshire
Petition, for interlocutory orders in tlie controversies as to water rights previously before the court in tbe cases reported in 71 N. H. 117, 72 N. H. 211, and 73 N. H. 310, 603. Transferred from tbe June term, 1906, of the superior court by ChamberJin, J. The plaintiff alleged that, not desiring to use the water of tbe reservoir below the four-foot point at this time, he proposes to change tlie physical condition of dam A so that no water can be drawn below the four-foot…
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Petition, for interlocutory orders in tlie controversies as to water rights previously before the court in tbe cases reported in 71 N. H. 117, 72 N. H. 211, and 73 N. H. 310, 603. Transferred from tbe June term, 1906, of the superior court by ChamberJin, J. The plaintiff alleged that, not desiring to use the water of tbe reservoir below the four-foot point at this time, he proposes to change tlie physical condition of dam A so that no water can be drawn below the four-foot point, and to substitute gates above the four-foot point for those heretofore in use, and asked the court to fix and…
1Opinion of the CourtParsons, C. J.
Upon trial of the question of the extent of the defendants’ reservoir right, that right has been found to be a reasonable use of the reservoir until it is drawn down four feet below the top of the dam; and such reasonable use has been found to consist in letting down not exceeding 130 cubic feet per second for ten hours each working day until that point is reached. Berry v. Hutchins, 72 N. H. 211, 214, 215; S. C., 73 N. H. 310, 312; Hutchins v. Berry, 73 N. H. 611, 613-616. Upon the trial of that question of fact, evidence as to the amount of water that could be drawn under previously…
2Cases cited12 opinions
- Hutchinson v. Manchester Street RailwaySupreme Court of New Hampshire · 1905
- Cook v. New DurhamSupreme Court of New Hampshire · 1887
- Horne v. HutchinsSupreme Court of New Hampshire · 1901
- Fowler v. KentSupreme Court of New Hampshire · 1902
- Dow v. EdgesSupreme Court of New Hampshire · 1877
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