Underwood v. Bailey
Supreme Court of New Hampshire
From Coos Circuit Court. Appeal from the laying out of a highway by the selectmen of Lancaster, and the award of land damages by them thereupon made to the plaintiff. At the April term, 1873, the appeal was referred to the county commissioners, who, at the November term, 1873, made a report, in which they “affirm the decision of said selectmen, both in the laying out and the award of damages.”
Read the full summary
From Coos Circuit Court. Appeal from the laying out of a highway by the selectmen of Lancaster, and the award of land damages by them thereupon made to the plaintiff. At the April term, 1873, the appeal was referred to the county commissioners, who, at the November term, 1873, made a report, in which they “affirm the decision of said selectmen, both in the laying out and the award of damages.” At said November term, 1873, the plaintiff filed the following objections, in. writing, to said report: (1) The road attempted to be laid out and established by said commissioners is only a personal or…
1Concurrence
The question whether conditions like these, affixed to the laying out of a highway for the accommodation of an individual, are authorized by statute, was settled adversely in Brown v. Brown, 50 N.H. 538. The report must therefore be set aside.
Report set aside.
2Cases cited1 opinion
- Brown v. BrownSupreme Court of New Hampshire · 1871