Legal Opinion

Eaton v. B. C. & M. R. R.

Supreme Court of New Hampshire

Decided January 15, 1872PublishedCited by 39 opinions

Actions on the case, against the Boston, Concord, & Montreal railroad, — one brought by Ezra B. Eaton, the other by Milo Aiken, to recover damages done during the freshet of October, 1869,- to their respective farms in Wentworth, and alleged to have been occasioned by the construction of the defendants’ railroad.

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Actions on the case, against the Boston, Concord, & Montreal railroad, — one brought by Ezra B. Eaton, the other by Milo Aiken, to recover damages done during the freshet of October, 1869,- to their respective farms in Wentworth, and alleged to have been occasioned by the construction of the defendants’ railroad. The defendants were duly incorporated by legislative authority, and constructed their road across the farms of the plaintiffs during the years 1849,1850, and 1851, — the road having been previously surveyed and located. Damages were duly appraised and paid. Eaton, on March 24,1851,…

1Opinion of the CourtSmith, J.

Eaton’s case will be considered first.

It is virtually conceded that, if the cut through the ridge had been made by a private land-owner, who had acquired no rights from the plaintiff or from the legislature, he would be liable for the damages *507sought to be recovered in this action. It seems to be assumed that the freshets were such as, looking at the history of the stream in this respect, might be “ reasonably expected occasionally to occur.” The defendants removed the natural barrier which theretofore had completely protected the plaintiffs meadow from the effect of these freshets; and, for…

2Cases cited86 opinions

  1. Wynehamer v. . the PeopleNew York Court of Appeals · 1856
  2. Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
  3. Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
  4. Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
  5. Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871

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3Cited by39 opinions

  1. Burrows v. City of KeeneSupreme Court of New Hampshire · 1981
  2. Metzger v. Town of BrentwoodSupreme Court of New Hampshire · 1977
  3. Opinion of the JusticesSupreme Court of New Hampshire · 1891
  4. REDEVELOP. AUTH., PHILA. v. LiebermanSupreme Court of Pennsylvania · 1975
  5. Renninger v. StateIdaho Supreme Court · 1950

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