Petition of the Milford & Manchester Railroad
Supreme Court of New Hampshire
Motion to Recommit. The petition of the plaintiffs, a provisional corporation, was referred to referees, who have tiled a report. Counsel opposing the petition move a recommittal ot the report for an additional finding.
1Opinion of the CourtParsons, J.
The plaintiffs’ petition is brought under s. 8, c. 156r P. S., “ for a decision of the question whether the public good requires the proposed railroad.” The referees, whose report the defendants now ask to have recommitted for a finding “ whether the public good requires the proposed railroad,” were directed by their commission “ to find and report the facts bearing upon the petition.” P. S., c. 156, s. 10. Their report omits to find upon several questions litigated before them, including that upon which a finding is now asked.
It is conceded that the question of public good is a question of…
2Cases cited2 opinions
- Dow v. Northern RailroadSupreme Court of New Hampshire · 1886
- Clough v. FowlerSupreme Court of New Hampshire · 1884
3Cited by6 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1903
- Governor & Council v. MoreySupreme Court of New Hampshire · 1916
- Scammon v. PearsonSupreme Court of New Hampshire · 1921
- Jones v. MasonSupreme Court of New Hampshire · 1916
- Bath v. HaverhillSupreme Court of New Hampshire · 1906
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