Darling v. Newport Electric Light Co.
Supreme Court of New Hampshire
Trespass guare clausum. Plea, the general issue, with a brief statement that the defendant was licensed by the selectmen of Newport to erect and maintain poles and wires on Summer street in that town, and that the alleged trespass consisted of acts legalized by the license. Trial by the court and verdict for the plaintiff.
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Trespass guare clausum. Plea, the general issue, with a brief statement that the defendant was licensed by the selectmen of Newport to erect and maintain poles and wires on Summer street in that town, and that the alleged trespass consisted of acts legalized by the license. Trial by the court and verdict for the plaintiff. Transferred from the November term, 1907, of the superior court by Chamberlin, J. The plaintiff’s close is on Summer street, and the defendant cut limbs from his shade tree which stood near the line of the street. The defendant’s poles were in the street, and the wires were…
1Opinion of the CourtPeaslee, J.
It is not necessary to consider in this case what the relative right of these parties would be at common law. The defendant might have obtained a right to maintain its poles and wires in the manner prescribed by the statute. P. S., c. 81. It was prohibited from erecting them without so securing the right. 75., s. 1.
Granting that the implied license to erect its line in Summer street could be held to be a compliance with the provision that the selectmen shall “grant a license for such time as they deem expedient,” and “ shall fix and state therein the size and location of such poles and…
2Cases cited3 opinions
- Bigelow v. WhitcombSupreme Court of New Hampshire · 1904
- American Loan & Trust Co. v. General Electric Co.Supreme Court of New Hampshire · 1901
- Strickford v. Boston & Maine RailroadSupreme Court of New Hampshire · 1904