Great Falls Co. v. Worster
Superior Court of New Hampshire
Trespass, quare clausum fregit. The declaration contained four counts. The first charged that the defendant, April 1,1837, broke and entered the plaintiffs’ close, situated in Milton, (describing it,) and then and there tore down, carried away, and destroyed the plaintiffs’ dam there standing.
Read the full summary
Trespass, quare clausum fregit. The declaration contained four counts. The first charged that the defendant, April 1,1837, broke and entered the plaintiffs’ close, situated in Milton, (describing it,) and then and there tore down, carried away, and destroyed the plaintiffs’ dam there standing. The second count charged an entry into the same close, April 29,1837, and the destruction, &c. of the plaintiffs’ dam; and farther, that by reason thereof the water of the plaintiffs’ mill pond ran to waste, and that thereby the use of the same for driving the plaintiffs’ mills, &c., situated below, was…
1Opinion of the CourtParker, C. J.
Upon the 11th and 18th pleas, founded upon the right of Isaac Worster in a corn-mill situated below the plaintiffs’ dam, a verdict was taken by consent for the plaintiffs, and no question is made.
The 2d, 6th and 8th pleas result in issues of law.
The 2d plea is that Joseph Fernald was seized of thirty acres of land, that the plaintiffs flowed it by means of their dam, and that the defendant, as the servant of Fernald, entered and tore down part of the dam, &c. To this there is a replication of de injuña, and a demurrer.
The 5th plea is that Isaac Worster was seized of one fourth of a tract of…
2Cases cited11 opinions
- Clark v. BeachSupreme Court of Connecticut · 1826
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
- Smith v. MooreSuperior Court of New Hampshire · 1840
- Rigney v. LovejoySuperior Court of New Hampshire · 1842
- Rogers v. JonesSuperior Court of New Hampshire · 1836
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hidden Village, LLC v. City of Lakewood, OhioCourt of Appeals for the Sixth Circuit · 2013
- Gray v. DurlandNew York Supreme Court · 1867
- Lawrence v. StaiggSupreme Court of Rhode Island · 1874
- Walker v. WetherbeeSupreme Court of New Hampshire · 1874