Upper Coös Railroad v. Parsons
Supreme Court of New Hampshire
Appeal, by the plaintiff's from an award of. damages made by the board of commissioners and selectmen for land of the defendant taken for the plaintiffs’ railroad. At the last September term, the plaintiffs waived and abandoned their appeal, and thereupon the court ordered the award to be affirmed, with interest and costs. The defendant demanded a trial by jury, and excepted to the refusal of the court to grant it.
1Opinion of the CourtClark, J.
An appraisal of land damages by railroad commissioners is conclusive unless appealed from; and either party aggrieved may appeal. If no appeal is claimed within thirty days after notice, the report of the commissioners is final. Gr. L., c. 160, s. 17. If either party desires an assessment of damages by a jury, the statute provides the mode of obtaining it by an appeal within thirty days, and a party failing to appeal within the time specified, thereby waives his right to have the damages assessed by a jury. By neglecting to appeal, the appellee waived the right to object to the damages…
2Cases cited1 opinion
- Knox v. LermondSupreme Judicial Court of Maine · 1825
3Cited by4 opinions
- State Ex Rel. State Road Commission v. BoggessWest Virginia Supreme Court · 1962
- Inglima v. Alaska State Housing AuthorityAlaska Supreme Court · 1970
- Ingalls v. Maine Central RailroadSupreme Court of New Hampshire · 1928
- Alvarado v. GC Dealer Services Inc.District Court, E.D. New York · 2021