Dow v. Electric Co.

43 A. 618, 69 N.H. 498

Opinion

Wallace, J.

The high-water mark on fresh-water rivers is not the highest point to which the stream rises in times of freshets, but is “ the line which the river impresses upon the soil by covering it for sufficient periods to deprive it of vegetation and to destroy its value for- agriculture.” Gould Wat., s. 45; Howard v. Ingersoll, 13 How. 381; In re Minnetonka Lake, 56 Minn. 513; Houghton v. Railroad, 47 Ia. 370. The instructions to the jury were in accordance with this principle. ,

Exception overruled.

' Pike, J., did not sit: the others concurred.