Woodman v. Tufts
Superior Court of New Hampshire
This was an action on the case, for erecting and continuing a dam across Blackwater river, in Boscawen, and thus overflowing the land of the plaintiffs from 26th January, 1833, to 1st January, 1834, when this action was commenced. The cause was tried upon the general issue, and verdict taken by consent for the plaintiffs, for $1 damages, subject to the opinion of the court upon the following case.
Read the full summary
This was an action on the case, for erecting and continuing a dam across Blackwater river, in Boscawen, and thus overflowing the land of the plaintiffs from 26th January, 1833, to 1st January, 1834, when this action was commenced. The cause was tried upon the general issue, and verdict taken by consent for the plaintiffs, for $1 damages, subject to the opinion of the court upon the following case. On the 26th January, 1833, the plaintiffs became the owners of the close described in the declaration as injured by the flowing caused by the dam of the defendants. In 1802, a dam was erected in the…
1Opinion of the CourtUpham, J.
There is no controversy in. this case with regard to the right of these plaintiffs to recover, provided suitable notice was given, prior to the commencement of the suit, of the damage sustained by them from the flowing of their land by the defendants, and that request was made that the water should be withdrawn.
*91The flowing of the plaintiffs’ land is conceded; and the charge of the court, “ that, such being the case, it is a presumption of law that the act is a damage,” is not controverted.
A dam had been erected for more than thirty years at the place where it is now kept up. From its first…
2Cited by4 opinions
- Cowles v. KidderSuperior Court of New Hampshire · 1852
- Gerrish v. New Market Man. Co.Superior Court of New Hampshire · 1854
- Snow v. CowlesSuperior Court of New Hampshire · 1853
- Snow v. CowlesSuperior Court of New Hampshire · 1851