Sullivan County Railroad v. Keefe
Supreme Court of New Hampshire
Bill in Equity, to delimit a portion of the plaintiffs’ right of way. The plaintiffs contend that Some of the defendants are occupying and that others claim the right to occupy parts of their right of way which they acquired by the exercise of eminent domain.
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Bill in Equity, to delimit a portion of the plaintiffs’ right of way. The plaintiffs contend that Some of the defendants are occupying and that others claim the right to occupy parts of their right of way which they acquired by the exercise of eminent domain. The plaintiffs’ original location was similar to that of the Concord & Claremont Railroad, which is set forth in Northern R.R. v< Railroad, 27 N. H. 183. The questions of law arising upon the defendants’ demurrers were transferred without ruling from the April term, 1911, of the superior court by Pike, J.
1Opinion of the CourtYoung, J.
The plaintiffs say they should be permitted to maintain this proceeding because locating the line described in the com missioners’ report will be determinative of the rights of all the parties in respect of the land in dispute. An examination of the bill shows that the description of the land to be taken, as contained in the original location, was too indefinite to be the foundation of condemnation proceedings (Dolbeer v. Company, 72 N. H. 562; Littleton v. Company, 73 N. H. 11), and that the attempted lay-out was defective. Northern R.R. v. Railroad, 27 N. H. 183. Although the lay-out was…
2Cases cited2 opinions
- Dolbeer v. Suncook Water-Works Co.Supreme Court of New Hampshire · 1904
- Littleton v. Berlin Mills Co.Supreme Court of New Hampshire · 1904