Fowler v. Kent
Supreme Court of New Hampshire
The Newfound river runs in an easterly direction for a distance in Bristol village. There is a main dam extending from the northerly bank of the river to a point (designated A for convenience of reference) located a short distance from the southerly bank, and there turning and extending in a southeasterly direction to the southerly bank at a point about one hundred feet distant.
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The Newfound river runs in an easterly direction for a distance in Bristol village. There is a main dam extending from the northerly bank of the river to a point (designated A for convenience of reference) located a short distance from the southerly bank, and there turning and extending in a southeasterly direction to the southerly bank at a point about one hundred feet distant. There is a wing-dam of less height than the main dam, extending from the latter at a point some eight or ten feet northerly of point A in a northeasterly direction about one hundred feet to the northerly bank of the…
1Opinion of the CourtChase, J.
The limitations of the respective rights of the parties to the water-powers created by the main and wing dams largely depend upon the deeds that passed between Greenough and Emmons, Lincoln, and Mason, in 1833. Before considering these deeds it should be noted that whatever water was used at the shoe-factory privilege necessarily passed into the lower pond, and thereby became available for use at the plaintiffs’ privilege. In the view that is taken of the deeds of 1833, it is immaterial whether more or less water was used at the shoe-factory privilege, and consequently no attempt is made to…
2Cases cited6 opinions
- Dow v. EdgesSupreme Court of New Hampshire · 1877
- Kent v. TaylorSupreme Court of New Hampshire · 1887
- Foster v. FosterSupreme Court of New Hampshire · 1882
- Fuller v. DanielsSupreme Court of New Hampshire · 1885
- Patten v. PattenSupreme Court of New Hampshire · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kimberly-Clark Co. v. Patten Paper Co.Wisconsin Supreme Court · 1913
- Vermont Shade Roller Co. v. Burlington Traction Co.Supreme Court of Vermont · 1930
- 165 Broadway Building, Inc. v. City Investing Co.Court of Appeals for the Second Circuit · 1941
- Hartford Woolen Co. v. BugbeeSupreme Court of Vermont · 1903
- Newmarket Manufacturing Co. v. NottinghamSupreme Court of New Hampshire · 1933
2 more not listed; retrieve them via the Exa API.