Wentworth v. Portsmouth & Dover Railroad
Supreme Court of New Hampshire
This action was sent to a referee, who found the Portsmouth & Dover Railroad guilty, and assessed damages in the sum of $25, and found Jones not guilty. By request of the plaintiff, the referee stated specifically his rulings upon all question of law, and all matters of fact found proved, which are hereto annexed and made part of this case. The questions arising upon said report were transferred to the superior court for determination by Smith, J. REPORT.
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This action was sent to a referee, who found the Portsmouth & Dover Railroad guilty, and assessed damages in the sum of $25, and found Jones not guilty. By request of the plaintiff, the referee stated specifically his rulings upon all question of law, and all matters of fact found proved, which are hereto annexed and made part of this case. The questions arising upon said report were transferred to the superior court for determination by Smith, J. REPORT. “ * * The referee, at the request of the plaintiff, states specifically bis rulings upon all questions of law, and all matters of fact…
1Concurrence
Whether the contract between the plaintiff and Philbrick, which they in the last sentence called a lease, and in which the relation established between them is called a tenancy, and in which Philbrick is called a tenant, be or not a letting upon shares, it seems to me that Philbrick, under this contract, had the right to the possession of the land, excepting so much of it as was expressly reserved to the plaintiff; and I do not see that the term "exclusive," applied to the use which the plaintiff reserved of a part of the premises, at all implies any common possession of the rest. Philbrick…
2Cases cited1 opinion
- Lane v. ThompsonSupreme Court of New Hampshire · 1861