Norway Plains Co. v. Bradley
Supreme Court of New Hampshire
In Equity. The cause was referred to a master, to ascertain and state the facts, who, after hearing the evidence, reported as follows: This bill was brought by the Norway Plains Company, a corporation duly established and existing under and by force of the laws of the State of New Hampshire, and located and doing business at Rochester, in said State, and owners in fee simple of a large tract of land situate in Norway Plains village, so called, in said Rochester, upon which…
Read the full summary
In Equity. The cause was referred to a master, to ascertain and state the facts, who, after hearing the evidence, reported as follows: This bill was brought by the Norway Plains Company, a corporation duly established and existing under and by force of the laws of the State of New Hampshire, and located and doing business at Rochester, in said State, and owners in fee simple of a large tract of land situate in Norway Plains village, so called, in said Rochester, upon which they have erected, constructed, and for more than twenty years last past, before the filing of this bill, operated…
1Opinion of the CourtFoster, J.
It appears, from the master’s report, that the plaintiffs are, and for more than twenty years prior to 1868 have been, the owners in fee of the mills and dams, and the land on which they stand; and that they have obtained, by purchase or otherwise, the right to maintain forever what is called the lower dam, and to flow and cover with water any and all lands which may or can be flowed by means of the said lower dam at its present height.
The alleged obstruction of the plaintiffs’ water rights, to prevent which an injunction is desired, is made by building a foundation wall, extending a distance…
2Cases cited3 opinions
- Drake v. Hamilton Woolen Co.Massachusetts Supreme Judicial Court · 1868
- Seeley v. BrushSupreme Court of Connecticut · 1868
- Brace v. YaleMassachusetts Supreme Judicial Court · 1868
3Cited by1 opinion
- City of Waterbury v. Town of WashingtonSupreme Court of Connecticut · 2002