Carter v. Thurston
Supreme Court of New Hampshire
Trespass, quare clausum. Facts found by a referee. The defendants, with their servants, were engaged in driving a large quantity of logs down Clear Stream, and into Androscoggin river at the mouth of Clear Stream. The plaintiff’s land is situated on both sides of the stream, and is all under cultivation.
Read the full summary
Trespass, quare clausum. Facts found by a referee. The defendants, with their servants, were engaged in driving a large quantity of logs down Clear Stream, and into Androscoggin river at the mouth of Clear Stream. The plaintiff’s land is situated on both sides of the stream, and is all under cultivation. It is located about a mile and a half above the mouth of the stream, and about eight miles below the land of the Berlin Mills Co., from which the timber was cut by the defendants, under a contract with the company. The defendants, by permission of the company, used their dams for the purpose…
1Opinion of the CourtFoster, J.
The right of the public use in American rivers and streams depends, not upon their navigability, in the technical sense of the term, as defined by the common law (Hall on the Sea Shore 3, 4, 13; Attorney-General v. Chambers, 4 DeG. M. & G. 206 — the ebb and flow of the tide is not the test), but upon their capacity for trade and business. The public easement is not, as was formerly inferred by our courts (Scott v. Willson, 3 N. H. 321, 325), founded upon usage, custom, or prescription. Any stream capable of being generally and commonly useful for some purpose of trade, and the transportation…
2Cases cited7 opinions
- The MontelloSupreme Court of the United States · 1874
- Moore v. SanborneMichigan Supreme Court · 1853
- Brown v. ChadbourneSupreme Judicial Court of Maine · 1849
- Curtis v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1873
- Sherwood v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Town of Hooksett School District v. W.R. Grace & Co.District Court, D. New Hampshire · 1984
- Moulton v. Groveton Papers Co.Supreme Court of New Hampshire · 1972
- Peirce v. FinertySupreme Court of New Hampshire · 1911
- Shehyn v. United StatesDistrict of Columbia Court of Appeals · 1969
- Flint v. Union Water Power Co.Supreme Court of New Hampshire · 1906
2 more not listed; retrieve them via the Exa API.