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.”
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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
By the law as it existed at the time this appeal was taken, highways of this kind might be laid out subject to the maintenance of bars and gates, but it was expressly enacted that they should be subject to no other conditions whatever. It appears that the selectmen laid out this highway, subject to the condition that it should be built and maintained by the petitioner, and to be a highway no longer than he should so build and maintain it. In other words, the judgment of the selectmen was, that the public good did not require this highway to be laid out unless the petitioner would not only pay…
2Cases cited3 opinions
- Brown's PetitionSupreme Court of New Hampshire · 1871
- Medcalf v. SwettSuperior Court of New Hampshire · 1818
- Wallace v. BrownSuperior Court of New Hampshire · 1852