Thompson v. Conway
Supreme Court of New Hampshire
Petition, by Samuel W. Thompson against the town of Conway, for a new highway, referred to the county commissioners who laid out the highway prayed for, and in their report fixed the grade and the time within which the road should be built. The town objected specially to that part of the report fixing the grade and the time ; and the plaintiff agreed to the rejection- of that part.
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Petition, by Samuel W. Thompson against the town of Conway, for a new highway, referred to the county commissioners who laid out the highway prayed for, and in their report fixed the grade and the time within which the road should be built. The town objected specially to that part of the report fixing the grade and the time ; and the plaintiff agreed to the rejection- of that part. The town moved that the report be set aside or recommitted, on the ground that there was no demand for the road except for the accommodation of persons visiting the mountain region during a very small portion of…
1Opinion of the CourtIsaac W. Smith, J.
In order to secure a more speedy termination of applications for laying out or discontinuing highways, the legislature, by the act of June 26,1858, ch. 2119, authorized the county commissioners to admit or reject any evidence deemed by them competent, when offered by any party, and their decision was made final and conclusive ; and no report made by them could be set aside or recommitted by the court on account of the admission or rejection of such evidence. The provisions of this act were substantially incorporated into the General Statutes in 1867, ch. 63, sec. 8, which is in these words: “…
2Cited by3 opinions
- Town of Clearmont v. State Highway CommissionWyoming Supreme Court · 1960
- Rockhouse Mountain Property Owners Ass'n v. Town of ConwaySupreme Court of New Hampshire · 1990
- Brodeur v. City of ClaremontSupreme Court of New Hampshire · 1981