Aldrich v. Cheshire Railroad
Superior Court of New Hampshire
Case. The declaration alleged, that upon the plaintiff’s farm in Westmoreland, there was a permanent spring, which supplied the plaintiff’s house and barn with water and irrigated his land; and that the corporation by excavations, &c., diverted the water from its accustomed course, &c., to the injury of the plaintiff.
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Case. The declaration alleged, that upon the plaintiff’s farm in Westmoreland, there was a permanent spring, which supplied the plaintiff’s house and barn with water and irrigated his land; and that the corporation by excavations, &c., diverted the water from its accustomed course, &c., to the injury of the plaintiff. At the trial upon the general issue, the plaintiff’s evidence tended to prove that until the excavations complained of, there was an abundant supply of water from a spring upon the plaintiff’s land for all his purposes; that directly upon the excavation being made, the water…
1Opinion of the CourtGilchrist, C. J.
The • act of November, 1844, requires the commissioners “ to assess the damages sustained by the owners of land.” Whether the commissioners take into consideration all the circumstances proper to be adverted to by them, depends on their attention to the subject, and their capacity to come to a correct conclusion. But the result they reach is conclusive upon the party, unless there be an appeal from their decision. This is plainly the intent of the statute, for the institution of this tribunal would be useless, unless their estimate should .be regarded as final. Any other view of the question…
2Cases cited3 opinions
- Steel v. President of Western Inland Lock NavigationNew York Supreme Court · 1807
- Town of Lebanon v. OlcottSuperior Court of New Hampshire · 1818
- Woods v. Nashua Manufacturing Co.Superior Court of New Hampshire · 1829
3Cited by1 opinion
- Perley v. B. C. & M. R. R.Supreme Court of New Hampshire · 1876