Farwell v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for obstructing a cattle-pass under the defendants’ railroad tracks. The defendants pleaded to the jurisdiction, alleging that it belonged to the railroad commissioners. Trial before Peas-lee, J., at the November term, 1902, of the superior court. The defendants’ motions for a nonsuit and the direction of a verdict in their favor were denied, subject to exception.
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Case, for obstructing a cattle-pass under the defendants’ railroad tracks. The defendants pleaded to the jurisdiction, alleging that it belonged to the railroad commissioners. Trial before Peas-lee, J., at the November term, 1902, of the superior court. The defendants’ motions for a nonsuit and the direction of a verdict in their favor were denied, subject to exception. The plaintiff’s evidence tended to prove the following facts: When the railroad was constructed across the farm in question, in 1849, a cattle-pass was built under it to connect the severed portions of a pasture. The pass was…
1Opinion of the CourtChase, J.
If the owner of land severed by a railroad and the proprietors of the railroad are not agreed upon the place, number, or kind of cattle-passes required for the owner’s accommodation, the railroad commissioners have jurisdiction of the question and may determine it upon the application of either party, after notice and a hearing. P. S., c. 159, s. 19. If the proprietors of a railroad or any other party wrongfully obstruct a pass already provided in accordance with an agreement or an order of the railroad commissioners, the cause of action falls within the general jurisdiction conferred upon…
2Cases cited2 opinions
- Clark v. ParsonsSupreme Court of New Hampshire · 1897
- Costello v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1900
3Cited by1 opinion
- Bolger v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926