Perley v. Marshall
Supreme Court of New Hampshire
From Belknap Circuit Court. Case, for flowage of the plaintiff’s land by a certain dam maintained by the defendants at the outlet of Wickwas pond in Meredith. Plea, the general issue. Trial before Rand, J., and a jury. A controversy arose as to certain drill-holes on a stone called the Lawrence stone, and which holes one Smith M. Lawrence testified that he made many years ago, to indicate the high-water mark of a former owner of the dam.
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From Belknap Circuit Court. Case, for flowage of the plaintiff’s land by a certain dam maintained by the defendants at the outlet of Wickwas pond in Meredith. Plea, the general issue. Trial before Rand, J., and a jury. A controversy arose as to certain drill-holes on a stone called the Lawrence stone, and which holes one Smith M. Lawrence testified that he made many years ago, to indicate the high-water mark of a former owner of the dam. Mr. Marshall, one of the' defendants, was permitted to testify, subject to the plaintiff’s exception, in answer to the following question: “ When the water…
1Opinion of the Court
FROM BELKNAP CIRCUIT COURT. Lawrence's testimony as to the drill-holes in the Lawrence stone was introduced to show the height to which the defendants' had the right to raise the water by means of their dam. The defendants' position was, that it would have some tendency to contradict Lawrence if they could be permitted to show that water, raised to the height only which the plaintiff claimed they had a right to raise it, would afford an inadequate supply for their mill; but the fact that water raised to the height of three feet upon the apron of the upper dam afforded but a very limited power…
2Cited by1 opinion
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