Eaton vs. Boston, Concord & Montreal Railroad (B., C. & M.R.R.) was a New Hampshire Supreme Court case decided in 1872 between farmer Ezra B. Eaton and the railroad company. Eaton asked the court to decide if B., C. & M.R.R. flooding of his farm was considered a "taking" under the Fifth Amendment's eminent domain clause, and if the railroad was responsible for compensation to the farmer for the taking. The court asked if "a release of all damages on account of the laying out or construction of a railroad through and over the land of the releasor, does not cover damages occasioned to the remaining land of the releasor by the construction of the railroad over the land of other persons". In 1851, after construction of the railroad, Eaton gave the defendants a warranty deed for the part of his