In re Town of Hopkinton
Superior Court of New Hampshire
Petition for the discontinuance of a highway in Hopkinton. The petition, which prayed for the discontinuance of a highway not constructed or opened for public travel, ha'ving been referred to the road commissioners, their report was presented to the court of common pleas in this county.
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Petition for the discontinuance of a highway in Hopkinton. The petition, which prayed for the discontinuance of a highway not constructed or opened for public travel, ha'ving been referred to the road commissioners, their report was presented to the court of common pleas in this county. The report, after reciting due notice to all interested, an examination, by the commissioners, of the highway and all roads connected therewith, and a hearing of all parties desiring to be heard, proceed to state as follows: “ At the time said highway was laid out, the Concord and Claremont Railroad had been…
1Opinion of the CourtWoods, J.
Upon a petition to the court of common pleas, for their assent to the vote of a town to discontinue a road, there is but one course to be taken. The necessity of the case, the provisions of the statute and the uniform practice of the cpurts for many years, require that the merits of the case be referred to the road commissioners for examination. In order that such reference may not take the form and effect of a mere appeal from one board of commissioners *139to another, in cases in which the highway in question has not, in fact, been opened for public travel, the court have adopted a rule, that…
2Cases cited2 opinions
- Hopkinton v. SmithSuperior Court of New Hampshire · 1844
- In re Town of NashuaSuperior Court of New Hampshire · 1841