Dolbeer v. Suncook Water-Works Co.
Supreme Court of New Hampshire
Petition, for the assessment of damages under the provisions of the defendants’ charter (Laws 1891, c. 158). The plaintiff owns a tract of land in Allenstown which entirely. surrounds a natural pond containing fifteen to eighteen and a half acres. The only outlet of the pond is by percolation through the ground.
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Petition, for the assessment of damages under the provisions of the defendants’ charter (Laws 1891, c. 158). The plaintiff owns a tract of land in Allenstown which entirely. surrounds a natural pond containing fifteen to eighteen and a half acres. The only outlet of the pond is by percolation through the ground. In 1897, the defendants entered upon the land without the plaintiff’s leave, dug up the soil, built a dam by means of which about ten acres of land are flowed, laid pipes in the land, and appropriated the pond and the land flowed to the uses of their business. At the April term, 1903,…
1Opinion of the CourtChase, J.
The defendants’ charter authorizes them to enter upon and appropriate any j>ond not belonging to an aqueduct company, to secure it by fences or otherwise, and to mate such excavations upon any land as may be necessary for obtaining and con ducting the water from the pond and for repairing the works : “ provided, that if it shall be necessary to enter upon and appropriate any . . . ponds or land for the purpose aforesaid, or to raise or lower the level of the same, and the said corporation shall not be able to agree with the owners thereof for the damages that may be done by said corporation,…
2Cases cited5 opinions
- Concord Manufacturing Co. v. RobertsonSupreme Court of New Hampshire · 1889
- Rindge v. SargentSupreme Court of New Hampshire · 1886
- State v. Sunapee Dam Co.Supreme Court of New Hampshire · 1900
- State v. WelchSupreme Court of New Hampshire · 1889
- Percy Summer Club v. WelchSupreme Court of New Hampshire · 1889
3Cited by10 opinions
- City of Los Angeles v. AitkenCalifornia Court of Appeal · 1935
- Heston v. OuslerSupreme Court of New Hampshire · 1979
- Percy Summer Club v. AstleCourt of Appeals for the First Circuit · 1908
- Ne-Bo-Shone Ass'n, Inc. v. HogarthDistrict Court, W.D. Michigan · 1934
- Moore v. Berlin Mills Co.Supreme Court of New Hampshire · 1907
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