Jones v. Proprietors of the Portsmouth Aqueduct
Supreme Court of New Hampshire
Case, for diverting water from an ancient and natural brook. Facts found by the court. In 1870 the defendants, a corporation, bought twenty acres of land in the north-westerly part of Portsmouth, about three miles from the city, and in 1874 and 1875 excavated, and have since maintained thereon, reservoirs, wherein, from underground springs, water accumulates, which by an aqueduct they convey to the city, and there for their own profit sell to the citizens for domestic and…
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Case, for diverting water from an ancient and natural brook. Facts found by the court. In 1870 the defendants, a corporation, bought twenty acres of land in the north-westerly part of Portsmouth, about three miles from the city, and in 1874 and 1875 excavated, and have since maintained thereon, reservoirs, wherein, from underground springs, water accumulates, which by an aqueduct they convey to the city, and there for their own profit sell to the citizens for domestic and other uses. The reservoirs comprise several square rods in the area, and are from four to six feet deep. There were no…
1Opinion of the CourtBlodgett, J.
The question whether the use made by the defendants of their land and of the water is or is not a reasonable use as against the plaintiff, is a mixed question of law and of fact, and must be determined at the trial term.
The only question of law raised by the case is that of estoppel. This question presents no difficulty in view of the finding that “ the plaintiff and defendants, at the time of making the reservoirs, had equal knowledge of the character of the land, the sources of the brook, and of the location of the reservoirs, and had reasonable ground to believe that the effect of the…
2Cited by5 opinions
- Nawn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Ladd v. Granite State Brick Co.Supreme Court of New Hampshire · 1894
- Gillis v. ChaseSupreme Court of New Hampshire · 1891
- Champollion v. CorbinSupreme Court of New Hampshire · 1901
- Martin v. LivingstonSupreme Court of New Hampshire · 1896