Clement v. Burns
Supreme Court of New Hampshire
This case, by consent of the parties, was tried by the court, and the evidence and allegations of the parties being fully heard and considered,the court found that the defendant was guilty in manner and form, as the plaintiff had declared against him, and assessed the plaintiff's damages at the sum of three hundred dollars ; unless the facts shown by the defendant, as hereafter stated, or any of them, should, in the judgment of the whole court, constitute in law bar to the…
Read the full summary
This case, by consent of the parties, was tried by the court, and the evidence and allegations of the parties being fully heard and considered,the court found that the defendant was guilty in manner and form, as the plaintiff had declared against him, and assessed the plaintiff's damages at the sum of three hundred dollars ; unless the facts shown by the defendant, as hereafter stated, or any of them, should, in the judgment of the whole court, constitute in law bar to the action; in which case the court found the defendant not guilty. The declaration in several counts, charged that the…
1Opinion of the Court
Bellows, J.*
Assuming tbe wharf to. have been raised above the ordinary high water mark, as from the case we infer it was, a highway might rightfully be laid over it, without raising the question of authority in the selectmen to lay a road over navigable waters. That part of the shore having been reclaimed by the erection of the wharf, the new land thus formed must be regarded, so far as the proprietor is concerned, as private property, and subject to the right of eminent domain, like the upland to which it is attached; Henshaw v. Hunting, 1 Gray 203; and the outer edge of such erection will,…
2Cases cited19 opinions
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- People v. LambierNew York Supreme Court · 1847
- Champlain & St. Lawrence Rail Road v. ValentineNew York Supreme Court · 1853
- Adams v. Law Ex Rel. RobinsonSupreme Court of the United States · 1855
- Bill v. PorterSupreme Court of Connecticut · 1831
14 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Donaghey v. CroteauSupreme Court of New Hampshire · 1979
- Purdie v. Attorney GeneralSupreme Court of New Hampshire · 1999