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75 N.H. 472

76 A 123

Hadlock v. Jaffrey

Supreme Court of New Hampshire

Decided April 5, 1910

Supreme Court of New Hampshire · decided 1910-04-05

Petition, for an assessment of the value of the right to divert water from a natural stream which the defendants took in in 1902, under chapter 265, Laws 1901. In 1905, the plaintiff bought the land to which this right was originally appurtenant. At the request of the parties, the question whether the plaintiff can maintain this proceeding was transferred without a ruling from the April term, 1909, of the superior court by Pike, J.

Cited by 2 later decisions — most recently December 1927

2 state decisions

Relies on Eastman v. Amoskeag Manufacturing Co. · Chapman v. Newmarket Manufacturing Co. · Hayes v. Shackford

Good law ✅— No negative treatment on recordhow we know

Decided 1910-04-05

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Young, J.

¶1 Eastman v. Company, 44 N. H. 143, on which the plaintiff seems to rely, is not in point; for that was case, and the plaintiff was the owner of the land to which the right was appurtenant, both when the defendants attempted to take it and when the action was begun.

¶2 In an action of case, the plaintiff may contest the validity of the taking (Littleton v. Company, 7 3 N. H. 11); but in a proceeding of this kind he admits the validity of the taking. Wright v. Company, ante, 3. Consequently, if the plaintiff can recover anything in this action, it must be the value of the right at the time it was taken (Chapman v. Company, 67 N. H. 180) ; but he cannot recover the value of that, for it never belonged to him. Hodgman v. Concord, 69 N. H. 349.

¶3 Case discharged.

All concurred.
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