Salmon Falls Manufacturing Co. v. Portsmouth Co.
Supreme Court of New Hampshire
This is a bill in equity brought by the Salmon Falls Manufacturing Company against the Portsmouth Company, find Samuel Hale, the agent of the latter company.
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This is a bill in equity brought by the Salmon Falls Manufacturing Company against the Portsmouth Company, find Samuel Hale, the agent of the latter company. It is brought to compel the Portsmouth company to reduce its dam at Quamphegan, erected, in 1861, so that it shall raise the water in the Salmon Falls river no higher' than certain iron bolts ; alleging that it does now raise it much higher- to> the-plaintiff’s injury; and also to compel the defendants to take'and; pay for the land of the plaintiffs flowed or damaged by suoh- dam of. the defendants, according to the agreement between the…
1Opinion of the CourtBellows, J.
This case comes before us tipon bill, answers and proofs, and the points in controversy turn chiefly upon the construction to be given to the indenture entered into by the two corporations.
By that instrument the plaintiff corporation granted to the defendants the right to erect a dam at Quamphegan about one mile below the plaintiffs’ works, and to raise the water of the river by means thereof, but to what height, is one of the. principal points in dispute; the plaintiffs contending that the flowage is limited to the height of a certain iron bolt driven into a ledge by the river side, to mark…
2Cases cited1 opinion
- Sawyer v. HammattSupreme Judicial Court of Maine · 1838
3Cited by5 opinions
- Woodstock Soapstone Co. v. CarletonSupreme Court of New Hampshire · 1991
- Greene v. MarshallCourt of Appeals for the First Circuit · 1940
- Chemical v. TextilesDistrict Court, D. New Hampshire · 1996
- Simon v. New Hampshire Savings BankSupreme Court of New Hampshire · 1972
- Simon v. New Hampshire Savings BankSupreme Court of New Hampshire · 1972