In the Supreme Court of New Hampshire. Bassett vs. Salisbury Manufacturing Company

I. F. R.
1864 The American Law Register (1852-1891)  
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more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. BASSETT vs. SALISBURY MANUFACTURING CO. RECENT AMERICAN DECISIONS. In the Supreme Court of New Hampshire. BASSETT vs. SALISBURY MANUFACTURING COMPANY. If the owners of a dam on a watercourse, by means of their dam, obstruct the natural drainage from the land of another, to his actual injury, they are liable to him therefor, although his land is not situated upon the watercourse, unless such obstruction was caused by them in the reasonable use of their own land or privilege. What, in any particular case, is a reasonable use or management, is ordinarily a mixed question of law and fact, to be submitted to the jury under the instruction of the court. Case. The declaration is set forth at length in 28 N. H. 438. The writ was dated August 17th 1849. At the trial, the plaintiff limited his claim, for the purposes of that trial only, to the damage caused by the defendants' dam to the lot of thirty-three acres, described in the declaration. The plans used on the trial were to be referred to in the argument. Said lot is situated in Kingston, about half a mile from Powow river. The natural drainage of the lot, and of other adjacent swampy lands, is into the river above the defendants' dam. The surface of the lot is higher than the ordinary level of the water in the river. The levels are shown by the plans. It was made a question whether there was any watercourse on the lot. In July 1837, one Shilling, who then owned the lot, dug a ditch on it, about ten rods long, beginning at the line on the side nearest the river. All that part of the lot drained by this ditch was called Miry Ditch. Shilling, who was called as a witness by the plaintiff, testified concerning Miry Ditch as follows:-"There was no sign of a ditch before I dug one. The water was within a foot of the top of the ground when I dug, and after that the ditch got nearly dry that season; dug it in July 1837, and by the 1st of August it was nearly dry. I dug the ditch about ten rods up from Eaton's land; no ditch there before. I dug through blue-joint grass. The soil that I dug up was covered
doi:10.2307/3302561 fatcat:6vzkpcm65batfphy6enzfio2fy