Franklin v. Durgee
Supreme Court of New Hampshire
Bill in Equity, by the city of Franklin, alleging in substance that the defendants are the owners of land adjoining a highway in the city; that surface water naturally flows across the highway and on to the defendants’ land; that many years ago the plaintiffs, built culverts across the highway, which conveyed the water on to the defendants’ land in the natural depressions; that the defendants have placed earth on their land .next to the highway, which has stopped the flow of…
Read the full summary
Bill in Equity, by the city of Franklin, alleging in substance that the defendants are the owners of land adjoining a highway in the city; that surface water naturally flows across the highway and on to the defendants’ land; that many years ago the plaintiffs, built culverts across the highway, which conveyed the water on to the defendants’ land in the natural depressions; that the defendants have placed earth on their land .next to the highway, which has stopped the flow of the water, causing great damage to the highway; that stopping the flow of the water in the way described is an…
1Opinion of the CourtWalker, J.
“Tlie doctrines of reasonable necessity, reasonable care, and reasonable use prevail in this state in a liberal form, on a broad basis of general principle.” Haley v. Colcord, 59 N. H. 7, 8. In Thompson v. Androscoggin Co., 54 N. H. 545, 551, it is said: “ Property in land must be considered, for many purposes, not as an absolute, unrestricted dominion, but as an- aggregation of qualified privileges, the limits of which are prescribed by the equality of rights, and the correlation of rights and obligations, necessary for tlie highest enjoyment of land by the entire community of proprietors.”
“…
2Cases cited29 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Chatfield v. WilsonSupreme Court of Vermont · 1855
- Forbell v. . City of New YorkNew York Court of Appeals · 1900
24 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Armstrong v. Francis Corp.Supreme Court of New Jersey · 1956
- Heins Implement Co. v. Missouri Highway & Transportation CommissionSupreme Court of Missouri · 1993
- Keys v. RomleyCalifornia Supreme Court · 1966
- Pendergrast v. AikenSupreme Court of North Carolina · 1977
- Whitman v. ForneyCourt of Appeals of Maryland · 1943
8 more not listed; retrieve them via the Exa API.