68 A. 868 | N.H. | 1908
The defendant's contention is, that because its deeds of flowage rights are absolute in form, the right conveyed is without limitation, so far as the servient estate is concerned. This is not the law here. Abbott v. Butler,
An unlimited conveyance of an easement is, in law, a grant of unlimited reasonable use. Bean v. Coleman,
The question is not whether the defendant might flow strictly according to the letter of its deeds if such flowage would be of use to it in a reasonable way, but whether it may so flow when it has no use for the water, and when the flowage would be a detriment to the servient estate and in fact unreasonable. The question is not an open one in this state.
The issue presented was one of fact and was properly disposed of as such, although the rigid rule of construction contended for by the defendant might have been more easily applied. Franklin v. Durgee,
Exception overruled.
All concurred.