Electric Co. v. Dow
Supreme Court of the United States
ERROR TO THE SUFREME COURT OF THE STATE OF NEW HAMPSHIRE. This was a writ of error to reverse a judgment of the Supreme Court of New Hampshire against the Electric Company, a corporation of the State of New Hampshire, the plaintiff in error, upon a petition filed by Samuel I. Dow for the assessment of damages occasioned to his land by an overflow caused by a dam erected by the defendant company in the. Piscataquog Eiver.
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ERROR TO THE SUFREME COURT OF THE STATE OF NEW HAMPSHIRE. This was a writ of error to reverse a judgment of the Supreme Court of New Hampshire against the Electric Company, a corporation of the State of New Hampshire, the plaintiff in error, upon a petition filed by Samuel I. Dow for the assessment of damages occasioned to his land by an overflow caused by a dam erected by the defendant company in the. Piscataquog Eiver. The defendant company also filed a petition praying for an inquisition into the question of damages. The proceedings were had under the general mill act of that State,…
1Opinion of the CourtJustice Shieas
We agree with the Supreme Court of New Hampshire in thinking that the plaintiff in error, by availing itself of the power conferred by the statute, and joining in a trial for the assessment of the damages, is precluded from denying the validity of that provision which prescribes that fifty per cent shall be added to the amount of the verdict. The act confers a privilege, which the plaintiff in error was at liberty to exercise or not as it thought fit.
Clay v. Smith, 3 Pet. 411, was a case where the plaintiff below, a citizen of the State of Kentucky, instituted a suit against the defendant, a…
2Cases cited4 opinions
- Eustis v. BollesSupreme Court of the United States · 1893
- Clay v. SmithSupreme Court of the United States · 1830
- Beaupre v. NoyesSupreme Court of the United States · 1891
- Eustis v. BollesMassachusetts Supreme Judicial Court · 1888
3Cited by25 opinions
- United Fuel Gas Co. v. Railroad CommissionSupreme Court of the United States · 1929
- Wall v. Parrot Silver & Copper Co.Supreme Court of the United States · 1917
- Cappellini v. CommissionerUnited States Board of Tax Appeals · 1929
- State v. CorronSupreme Court of New Hampshire · 1905
- State Ex Rel. Tomasic v. Unified Gov't of Wyandotte County/Kansas CitySupreme Court of Kansas · 1998
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