Gilman v. Laconia
Supreme Court of New Hampshire
Case, by Hiram Gilman against the town of Laconia, for negligence in the performance of the duty of keeping a highway in repair.
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Case, by Hiram Gilman against the town of Laconia, for negligence in the performance of the duty of keeping a highway in repair. The alleged negligence was in allowing a highway to be out of repair by suffering a highway drain “ to fill up with sand ” and. other materials, and thereby to become out of repair, and to be destroyed, so that the water which ought to have gone through the drain overflowed the plaintiff’s land, covered it with sand, and damaged his cellar and buildings. The defendants demurred. The declaration may be referred to as part of the case.
1Opinion of the Court
Highway — Duty of town to adjoining land-owner. I think this demurrer must be overruled. The injury to a land-owner, for which compensation is made by the award of damages upon the laying out of a highway, is such as in the judgment of the selectmen, county commissioners, or jury, as the case may be, will result to him from the construction and maintenance, in a suitable and proper manner, of a road upon the land taken for that purpose, and nothing more. Nor can there be any doubt but that the selectmen or other tribunal, in estimating such damage, must go upon the ground that in building and…
2Cases cited10 opinions
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Town of Troy v. Cheshire Rail RoadSuperior Court of New Hampshire · 1851
- Haynes v. Town of BurlingtonSupreme Court of Vermont · 1865
- Hooksett v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1860
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rhobidas v. ConcordSupreme Court of New Hampshire · 1899
- Tarbell Administrator, Inc. v. City of ConcordSupreme Court of New Hampshire · 2008
- Gilman v. ConcordSupreme Court of New Hampshire · 1937
- Haley v. ColcordSupreme Court of New Hampshire · 1879
- Parker v. NashuaSupreme Court of New Hampshire · 1879
6 more not listed; retrieve them via the Exa API.