New London v. Davis
Supreme Court of New Hampshire
Petition, for the consent of the court to the discontinuance of a highway, filed September 12, 1903. Facts agreed. The defendants’ motion to dismiss was transferred without a ruling from the October term, 1903, of the superior court by Young, J. The petition is as follows: “ Respectfully represents the town of Eew London, . . . that on the sixth day of September, 1902, 'an article in the warrant for the town-meeting having been duly inserted for that purpose, said town voted…
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Petition, for the consent of the court to the discontinuance of a highway, filed September 12, 1903. Facts agreed. The defendants’ motion to dismiss was transferred without a ruling from the October term, 1903, of the superior court by Young, J. The petition is as follows: “ Respectfully represents the town of Eew London, . . . that on the sixth day of September, 1902, 'an article in the warrant for the town-meeting having been duly inserted for that purpose, said town voted to discontinue the highway in said toVn leading from the county road, so called, to the schoolliouse on the corner of…
1Opinion of the CourtWalker, J.
The defendants contend that the vote of discontinuance upon which the proceeding is founded is illegal and void. One ground upon which this claim is based is the offer of Mrs. Tracy to build a new highway in place of the old. Unless it was understood that the new highway would be of greater public convenience or less expensive to maintain than the old, the proposition would offer no inducement for a change. The most that can be claimed as the result of the offer is that thereby the town became interested to vote the discontinuance. The defendants7 contention, that because of such interest the…
2Cases cited2 opinions
- Coakley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Whitlock v. WestSupreme Court of Connecticut · 1857
3Cited by17 opinions
- Town of Hinsdale v. Town of ChesterfieldSupreme Court of New Hampshire · 2005
- City of Keene v. Gerry's Cash Market, Inc.Supreme Court of New Hampshire · 1973
- McDonnell v. Town of DerrySupreme Court of New Hampshire · 1976
- Chemical Bank New York Trust Company, Trustee, Mortgagee v. Steamship Westhampton (Formerly Steamship Montauk Point), Her Engines, Boilers, Etc.Court of Appeals for the Fourth Circuit · 1966
- Williams v. BabcockSupreme Court of New Hampshire · 1976
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