Cowles v. Kidder
Superior Court of New Hampshire
Case, for causing the water to flow back upon the plaintiffs’ mills, situated on Sugar river, in Claremont, and obstructing tbe same with back water and ice. The writ was dated January 9, 1849. Plea, the general issue. On the trial it appeared that there is an island in said river, called Rock Island; that in low water the largest quantity of water flows on the north side of said island, and in high water the largest quantity of water flows on the south side.
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Case, for causing the water to flow back upon the plaintiffs’ mills, situated on Sugar river, in Claremont, and obstructing tbe same with back water and ice. The writ was dated January 9, 1849. Plea, the general issue. On the trial it appeared that there is an island in said river, called Rock Island; that in low water the largest quantity of water flows on the north side of said island, and in high water the largest quantity of water flows on the south side. The plaintiffs proved that they were the owners of certain mills, with the privileges appertaining to the same, called the Dexter…
1Opinion of the CourtWoods, J.
The mills of the plaintiffs were situated on Rock Island, in Sugar River, in Claremont, near the north end of the island, and were erected and used by the grantors of the plaintiffs, for a period of more than twenty years prior to the year 1836; and the mills of the defendants were erected in 1836 by their grantors, and were located about fifteen rods below the plaintiffs’ mills. It is not, however, necessary to consider any question of adverse possession arising in the case, nor to settle the questions of construction of the title deeds raised and discussed at the bar. For the purposes of…
2Cases cited3 opinions
- Davis v. FullerSupreme Court of Vermont · 1840
- Harris v. GillinghamSuperior Court of New Hampshire · 1832
- Woodman v. TuftsSuperior Court of New Hampshire · 1837
3Cited by3 opinions
- Waterville Estates Assoc. v. Town of CamptonSupreme Court of New Hampshire · 1982
- Northwest Paper Co. v. Federal Power CommissionCourt of Appeals for the Eighth Circuit · 1965
- The Northwest Paper Company v. Federal Power CommissionCourt of Appeals for the Eighth Circuit · 1965