Metcalf v. Bingham
Superior Court of New Hampshire
Trespass for breaking, and entering the plaintiff's clo.-e in Lempster, The defendant pleaded in bar, that, for a long time before and at the time, when, &c. there had been, and was a certain private road in said Lempster, beginning at the west side of the second N H. Turnpike road, &c. thence west one hundred and eighteen rods, thence W 34 degrees N. 26 rods, thence W. 10 degrees S 6 rods, thence W. 10 N to the line of Harris Bingham’s land ; which private road, aforesaid,…
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Trespass for breaking, and entering the plaintiff's clo.-e in Lempster, The defendant pleaded in bar, that, for a long time before and at the time, when, &c. there had been, and was a certain private road in said Lempster, beginning at the west side of the second N H. Turnpike road, &c. thence west one hundred and eighteen rods, thence W 34 degrees N. 26 rods, thence W. 10 degrees S 6 rods, thence W. 10 N to the line of Harris Bingham’s land ; which private road, aforesaid, was duly surveyed and laid out by the selectmen of said Lempster, on the 5th September 1811,. and the survey and laying…
1Opinion of the CourtRichardson, C. J.
We will in the first place examine the nature of the way laid out in the year 1811, by the selectmen of Lempster, through the locus in quo ; because, if at the time of the break*461ing and entering, of which the plaintiff complains, that was a subsisting highway, the defendant, as the case is now stated, will be entitled to judgment ; and it will be unnecessary to inquire, whether there was a way of necessity.
It is urged in behalf of the plaintiff, that the way thus laid out by the selectmen, being expressly for the benefit of Harris Bingham, became extinct when he died; and that neither his…
2Cases cited1 opinion
- Cragie v. MellenMassachusetts Supreme Judicial Court · 1809
3Cited by4 opinions
- Dudley v. CilleySuperior Court of New Hampshire · 1832
- Clark v. Boston, Concord & Montreal RailroadSuperior Court of New Hampshire · 1851
- Grossman v. Town of DunbartonSupreme Court of New Hampshire · 1978
- State v. AlsteadSuperior Court of New Hampshire · 1846