Flint v. Union Water Power Co.
Supreme Court of New Hampshire
Case, for fiowage. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1904, of the superior court by Peaslee, J. The plaintiff’s evidence tended to prove a record title to the premises (located in Wentworth’s Location) from 1851, possession and use by the various holders of the title, a customary control of the water in the Magalloway river adjoining the premises by the dam at Errol operated by the defendants and their predecessors in title…
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Case, for fiowage. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1904, of the superior court by Peaslee, J. The plaintiff’s evidence tended to prove a record title to the premises (located in Wentworth’s Location) from 1851, possession and use by the various holders of the title, a customary control of the water in the Magalloway river adjoining the premises by the dam at Errol operated by the defendants and their predecessors in title down to 1887, the building of a new dam at that time, and an increased fiowage thereafter. The defendants’ evidence tended…
1Opinion of the CourtChase, J.
There was no error in the calling of the attention of the jury at the view, to the newly dug hole in the ground and the height of the water therein, as compared with the height of the water in the river; nor in the receipt of the civil engineer’s testimony regarding the hole and the water. The height of the water in the plaintiff’s land, as compared with its height in the river, was a physical fact relevant to the issue on trial, and it might be shown by direct observation and by the testimony of those who had observed it. Concord etc. Co. v. Clough, 70 N. H. 627. The fact that the civil…
2Cases cited4 opinions
- Carter v. ThurstonSupreme Court of New Hampshire · 1877
- Concord Land & Water Power Co. v. CloughSupreme Court of New Hampshire · 1900
- Foster v. FosterSupreme Court of New Hampshire · 1883
- Watson v. BartlettSupreme Court of New Hampshire · 1883
3Cited by6 opinions
- Moulton v. Groveton Papers Co.Supreme Court of New Hampshire · 1972
- Joseph Rodrigues v. Ripley Industries, Inc., Joseph Rodrigues v. Ripley Industries, Inc.Court of Appeals for the First Circuit · 1974
- Emery v. Caledonia Sand and Gravel Co.Supreme Court of New Hampshire · 1977
- State v. KilleenSupreme Court of New Hampshire · 1919
- Ricard v. Prudential Insurance Co. of AmericaSupreme Court of New Hampshire · 1934
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