Petition of the Milford & Manchester Railroad
Supreme Court of New Hampshire
Motion, by the Boston & Maine and the Concord & Montreal railroads, for the dismissal of the plaintiffs’ petition under P. S., c. 156, for the determination of the question whether the public good requires the building of the proposed railroad. It was alleged in support of the motion that the plaintiffs made application to the legislature at the session of 1895 for a charter for a railroad upon the route prayed for in this petition, and that such application was denied.
1Opinion of the CourtParsons, J.
If it were conceded that the refusal of the legislature to grant the plaintiffs a charter for a railroad upon the route described in this petition was upon the ground that in the opinion of the legislature the public good did not require the building of the proposed railroad, the opinion of the legislature upon that question would not be a judgment which would prevent tbe plaintiffs from again trying the same question before any competent tribunal. Prior to 1883 (Laws 1883, c. 100; P. S., o. 156), the legislature was the only tribunal with power to pass upon that question. The refusal of one…
2Cases cited1 opinion
- Opinion of the CourtSupreme Court of New Hampshire · 1885