Dow v. Electric Co.

Supreme Court of New Hampshire

Dow v. Electric Co.

43 A. 618, 69 N.H. 498

CourtSupreme Court of New Hampshire

DecidedDecember 5, 1898

StatusPublished

Cited by9 cases

This text of 43 A. 618 (Dow v. Electric Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dow v. Electric Co., 43 A. 618, 69 N.H. 498 (N.H. 1898).

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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.

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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.

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43 A. 618, 69 N.H. 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dow-v-electric-co-nh-1898.

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