Town of Lebanon v. Olcott
Superior Court of New Hampshire
THIS was an action of trespass on the case, against the defendant, for building a dam across Connecticut river, at a place called the lower bar of White river falls; bymeans of which a certain ancient publiek highway near said falls, which the said town of Lebanon was1 by law bound to keep in repair, was overflowed and rendered impassable, and the town compelled to make a new highway at an expense of 650 dollars.
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THIS was an action of trespass on the case, against the defendant, for building a dam across Connecticut river, at a place called the lower bar of White river falls; bymeans of which a certain ancient publiek highway near said falls, which the said town of Lebanon was1 by law bound to keep in repair, was overflowed and rendered impassable, and the town compelled to make a new highway at an expense of 650 dollars. The cause was submitted to the decision of the court upon a statement of the case, in which all the facts alleged ill the declaration were admitted by the defendant. It was also…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
When the legislature authorizes an act, which in its natural consequences may be injurious to the property of another, and at the same time prescribes the particular mode in which the damages resulting from the act shall be ascertained and compensated, it is clear that he who does the act: cannot be liable as a wrong doer. The truth of this proposition is not denied by the plaintiff’s, counsel; but he contends that ; the damages which the plaintiffs have sustained resulted from an act of the defendant not authorized by the legislature.…
2Cases cited1 opinion
- Bigelow v. Cambridge & Concord Turnpike Corp.Massachusetts Supreme Judicial Court · 1810
3Cited by8 opinions
- Briggs' PetitionSuperior Court of New Hampshire · 1854
- Woods v. Nashua Manufacturing Co.Superior Court of New Hampshire · 1829
- State v. Town of HamptonSuperior Court of New Hampshire · 1819
- Aldrich v. Cheshire RailroadSuperior Court of New Hampshire · 1850
- Dearborn v. Boston, Concord & Montreal RailroadSuperior Court of New Hampshire · 1851
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