cl-3571297 Precedential Processed

Dow v. Electric Co.

Supreme Court of New Hampshire · Filed December 5, 1898 · 43 A. 618

Cited by

Overruled in 1

Opinion text

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.