Barber v. Andover
Superior Court of New Hampshire
Petition for a highway in the town of Andover, alleging that the selectmen of said town had refused to lay out the same. The committee appointed by the court of common pleas, upon said petition, made a report laying out the highway. It appeared that a portion of said highway was laid over “ the Fourth turnpike road in New-Hampshire,” and damages were assessed to the turnpike corporation.
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Petition for a highway in the town of Andover, alleging that the selectmen of said town had refused to lay out the same. The committee appointed by the court of common pleas, upon said petition, made a report laying out the highway. It appeared that a portion of said highway was laid over “ the Fourth turnpike road in New-Hampshire,” and damages were assessed to the turnpike corporation. The charter of said corporation was granted in 1800, and empowered the corporation to survey, lay out, make, and keep in repair a turnpike road : and for that purpose to take the laud of individuals; and if…
1Opinion of the CourtParker, J.
We have no doubt that the legislature may authorize the laying out of a common public highway over a road made by a turnpike corporation, and the taking of the franchise of the corporation for that purpose ; notwithstanding the charter of the corporation is still in force, and the corporation in possession of the road constructed by virtue of it; provided compensation is made to the corporation for their property thus taken for public use.
It is true that the public have the right to the use of such turnpike road, under certain restrictions and limitations ; but the public may require a…
2Cases cited1 opinion
- Proprietors of the Piscataqua Bridge v. New-Hampshire BridgeSuperior Court of New Hampshire · 1834
3Cited by4 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Backus v. LebanonSuperior Court of New Hampshire · 1840
- Peirce v. SomersworthSuperior Court of New Hampshire · 1839
- White Mountain Power Co. v. Maine Central RailroadSupreme Court of New Hampshire · 1965