Pike v. Gage
Superior Court of New Hampshire
Case, brought November 10,1851, in which the plaintiff claimed damages of the defendants, for erecting and maintaining a dam upon a certain brook, on which he had a shingle mill, and above the same, and thereby obstructing the flowing of the water of said brook to said mill, and detaining the same, and causing it to flow out of the natural channel, and across a tract of land owned by him, into the brook below said mill, and thereby depriving him of the use of said mill, and…
Read the full summary
Case, brought November 10,1851, in which the plaintiff claimed damages of the defendants, for erecting and maintaining a dam upon a certain brook, on which he had a shingle mill, and above the same, and thereby obstructing the flowing of the water of said brook to said mill, and detaining the same, and causing it to flow out of the natural channel, and across a tract of land owned by him, into the brook below said mill, and thereby depriving him of the use of said mill, and injuring said land, &c. The defendants pleaded the general issue, with a brief statement, setting forth as a defence a…
1Opinion of the CourtGilchrist, C. J.
The injury alleged is that the defendants kept a dam on the brook above the plaintiff’s shingle mill, obstructing the flow of water to the mill, and causing it to flow out of the channel and across the plaintiff’s land into the brook below the mill, thus depriving him of the use of the mill, and injuring the land.. The matter was submitted to arbitrators, and at the hearing the plaintiff made no claim on account of the injury to the land, and upon the trial he alleged that he made no claim at the hearing on account of the diversion of the water.
The submission was of all demands, &c., and was…
2Cases cited5 opinions
- Greenough v. RolfeSuperior Court of New Hampshire · 1828
- Hollingsworth v. LeiperSupreme Court of the United States · 1786
- Carey v. WilcoxSuperior Court of New Hampshire · 1833
- Johnson v. NobleSuperior Court of New Hampshire · 1842
- Aldrich v. JessimanSuperior Court of New Hampshire · 1837