Smith v. Blanpied
Supreme Court of New Hampshire
Trespass qu. cl. Verdict for the plaintiff. This plaintiff was the defendant in Smith v. Smith, 62 N. H. 429; and the sewer which ran through his land to his barn cellar from the house on tbe adjoining land of Mrs. Smith, and which he dug up August 1, 1881, is the subject of controversy in this case. In the winter of 1880-81 the sewer was stopped by frost at its lower end in the plaintiff’s cellar, and he fastened plank against the outlet and covered it with earth.
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Trespass qu. cl. Verdict for the plaintiff. This plaintiff was the defendant in Smith v. Smith, 62 N. H. 429; and the sewer which ran through his land to his barn cellar from the house on tbe adjoining land of Mrs. Smith, and which he dug up August 1, 1881, is the subject of controversy in this case. In the winter of 1880-81 the sewer was stopped by frost at its lower end in the plaintiff’s cellar, and he fastened plank against the outlet and covered it with earth. July 29, 1881, the defendant, being Mrs. Smith’s tenant, entered the plaintiff’s cellar, and removed the obstruction from the…
1Opinion of the CourtStanley, J.
Mrs. Smith had no unnecessary easement in the plaintiff’s land. Smith v. Smith, 62 N. H. 429. As it was found by experiment that a convenient cesspool could be constructed on her premises at a reasonable expense, a sewer easement on his lot was not necessary. Allen v. Kincaid, 11 Me. 155; Warren v. Blake, 54 Me. 287; Bolliff v. Railroad, 68 Me. 173; Johnson v. Jordan, 2 Met. 234; Thayer v. Payne, 2 Cush. 327, 332; Carbrey v. Willis, 7 Allen 364, 370; Randall v. McLaughlin, 10 Allen 366; Buss v. Dyer, 125 Mass. 287, 288, 289; Wash. Ease. 61; Godd. Ease. (Am. ed., 1880) 124. If she could not…
2Cases cited5 opinions
- White's v. Carrico's adm'rCourt of Appeals of Kentucky · 1859
- Buss v. DyerMassachusetts Supreme Judicial Court · 1878
- Warren v. BlakeSupreme Judicial Court of Maine · 1866
- Dolliff v. Boston & Maine RailroadSupreme Judicial Court of Maine · 1878
- Allen v. KincaidSupreme Judicial Court of Maine · 1834
3Cited by2 opinions
- Batchelder v. State Capital BankSupreme Court of New Hampshire · 1890
- Goudie v. FisherSupreme Court of New Hampshire · 1920