Jewell v. Holderness
Supreme Court of New Hampshire
Petition of John Jewell, for increase of damages, alleged to have been sustained by Mm by reason of tbe laying out of a new highway over his lands in Holderness, by the selectmen of that town, on the 13th of December, 1856. The petition alleged that said highway was laid out by said selectmen on the written application of James S. Piper and-Cos, describing the whole’ highway so laid out.
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Petition of John Jewell, for increase of damages, alleged to have been sustained by Mm by reason of tbe laying out of a new highway over his lands in Holderness, by the selectmen of that town, on the 13th of December, 1856. The petition alleged that said highway was laid out by said selectmen on the written application of James S. Piper and-Cos, describing the whole’ highway so laid out. It then described so much of the highway as ■was laid over the petitioner’s land, by metes and bounds. It then alleged that said highway was asked for and laid out for the accommodation of said Piper and Cox,…
1Opinion of the CourtBell, C. J.
We have been furnished with a copy of the opinion of Gilchrist, J., in the case of Barnes’ Petition, Grafton, December term, 1844, in which it was decided that the law providing for applications for an increase of damages, assessed by selectmen upon the laying out of highways, before the Revised Statutes, did not extend to ■ cases in which the highway was laid out for the accommodation of individuals. Though the decision was made some years after the passage of the Revised Statutes, it was held that the case must be governed by the statutes previously in force, as the rights in question were…
2Cited by3 opinions
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