Laconia v. Gilman
Supreme Court of New Hampshire
Case, by the town of Laconia against Hiram Gilman, for building a stone wall in a highway, thereby obstructing the public travel, making the highway dangerous, depriving the town of their rights and easements therein, preventing the town from keeping it in a suitable con-o dition for the public use, and compelling the town to remove a part of the wall at great expense. The defendant demurred. The declaration may be referred to as part of the case.
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Case, by the town of Laconia against Hiram Gilman, for building a stone wall in a highway, thereby obstructing the public travel, making the highway dangerous, depriving the town of their rights and easements therein, preventing the town from keeping it in a suitable con-o dition for the public use, and compelling the town to remove a part of the wall at great expense. The defendant demurred. The declaration may be referred to as part of the case. The only statute on which this action would seem to have any foundation is sec. 7, ch. 70, Gen. Stats., which is as follows: “If any person shall…
1Opinion of the Court
The question raised by the demurrer is, whether this action can be maintained.
The legislature has provided a remedy whereby a town, which has been compelled to pay damages to one injured by a defect in a highway, may recover the damages and costs so paid from the person causing the obstruction or defect. Gen. Stats., ch. 70, sec. 7.
Provision is also made for removing obstructions placed in a highway. Gen. Stats., ch. 70, secs. 1-6. And any person encroaching upon a highway is made liable to fine or imprisonment. Ib., secs. 8-11.* But it is well settled that these remedies are not exclusive.
A…
2Cases cited4 opinions
- Town of Troy v. Cheshire Rail RoadSuperior Court of New Hampshire · 1851
- Town of Lebanon v. OlcottSuperior Court of New Hampshire · 1818
- Hooksett v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1860
- State v. Town of HamptonSuperior Court of New Hampshire · 1819