Hamlin v. Blankenberg
Supreme Court of New Hampshire
Case, for damages to the plaintiff’s land. Trial by jury and verdict for the defendant. Transferred from the September term, 1904, of the superior court by Chamberlin, J. The plaintiff’s evidence tended to prove that rain falling on the defendant’s premises is collected by the roof of his block, flows therefrom over and upon the plaintiff’s land, and undermines the foundation of the latter’s building.
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Case, for damages to the plaintiff’s land. Trial by jury and verdict for the defendant. Transferred from the September term, 1904, of the superior court by Chamberlin, J. The plaintiff’s evidence tended to prove that rain falling on the defendant’s premises is collected by the roof of his block, flows therefrom over and upon the plaintiff’s land, and undermines the foundation of the latter’s building. The plaintiff excepted to the court’s refusal to instruct the jury, in substance, that ordinary care was not the measure of the defendant’s duty in relation to the maintenance of his premises.
1Opinion of the CourtYoung, J.
The owner of land may put it to any use which is reasonable, considering his interest and that of the other persons affected by it. Ladd v. Brick Co., 68 N. H. 185, 186. The test to determine whether a particular use is reasonable is to inquire whether or not it is such a use as the ordinary man would make of his premises. Horan v. Byrnes, 72 N. H. 93, 97, 100. The foundation on which the rule rests has been recently re-examined (Franklin v. Durgee, 71 N. H. 186) and the rule reaffirmed, so the further consideration of the question at this time can serve no useful purpose..Exception overruled.
2Cases cited3 opinions
- Horan v. ByrnesSupreme Court of New Hampshire · 1903
- Franklin v. DurgeeSupreme Court of New Hampshire · 1901
- Ladd v. Granite State Brick Co.Supreme Court of New Hampshire · 1894
3Cited by3 opinions
- Page v. BrooksSupreme Court of New Hampshire · 1918
- Micucci v. White Mountain Trust Co.Supreme Court of New Hampshire · 1974
- Moore v. Berlin Mills Co.Supreme Court of New Hampshire · 1907