Noah Haynes Swayne

“ If he has been injured, his injury can be ascertained and fully repaired by damages in an action of law. A jury is the tribunal provided by law to determine the facts and to fix the amount, and they can best perform this duty. The fact that other proprietors have been paid bears upon this point. 8 E. L. & E., 222, 223. The appellant can have no standing in a Court of Equity until he has laid this foundation for relief. This objection is fatal to the case. We decide nothing else. ”

“ A diminution of the value of the premises without irreparable injury is no ground for interference. 2 Bro. C. C. 65; 16, Vesey, 342; 3 M. & K., 169.
Where an injunction is granted without a trial at law, it is usually upon the principle of preserving the property, until a trial at law can be had. A strong prima facie case of right must be shown, and there must have been no improper delay. The Court will consider all the circumstances and exercise a careful discretion. ”

“ Little Bay forms the headwater of the dam from which the appellant's water-power is supplied. The water is discharged out of Sanborton Bay, at or near a place called Union Bridge, and thence pursues its course, about ten or twelve miles, to its confluence with the Pemigewasset, below which the united streams take the name of the Merrimac River. This river receiving several affluents on its way-passes by and supplies with their water-power the manufacturing towns of Lowell and Lawrence.
The dam at Meredith Bridge was built prior to 1808. There is a dam at Lake Village, which was built in 1829. ”

“ In this deed the water right is thus described: 'Which said water privilege is the right to draw one-half of the water from the flume connected with the premises.' On the same day Asa F. Parker, by deed containing the same description of the premises, conveyed to the appellant.
The Winnipiseogee river has its source in Winnipiseogee Lake. The Lake has its outlet at a place called the Weirs, six miles above the Village of Meredith Bridge. ”

“ He owns, also, in connection with this real estate, the right to use 'one-half of the water sufficient to carry wheels for operating a trip-hammer, grindstone, and bellows.' He claims under Stephen Perley, whose title is undisputed. ”