Leighton v. Concord & Montreal Railroad
Supreme Court of New Hampshire
Petition, for a writ of certiorari. Facts agreed, and case transferred from the May term, 1903, of the superior court by Pike, J. Upon the petition of the Concord & Montreal Railroad, the board of railroad commissioners authorized the corporation to change the location of a portion of a highway in Goffstown, where it was crossed at grade by a branch of the corporation’s railroad, for the purpose of avoiding the crossing.
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Petition, for a writ of certiorari. Facts agreed, and case transferred from the May term, 1903, of the superior court by Pike, J. Upon the petition of the Concord & Montreal Railroad, the board of railroad commissioners authorized the corporation to change the location of a portion of a highway in Goffstown, where it was crossed at grade by a branch of the corporation’s railroad, for the purpose of avoiding the crossing. The change consisted in discontinuing about 1,500 feet in length of the old highway, substituting for it a new highway located southerly of the old, and having a bridge over…
1Opinion of the CourtChase, J.
“The board of railroad commissioners, upon petition of the proprietors of a railroad, after notice and hearing, . . . may authorize the proprietors of a railroad to change the location of a highway or other way for the purpose of avoiding or improving a crossing of the highway by the railroad, or of enabling them to properly construct the railroad; and the proprietors, whenever so authorized, may make such changes.” P. S., e. 159, ss. 13, 14. The change under consideration was made únder this statute. The plaintiffs allege that the action of the board of railroad commissioners was illegal…
2Cases cited3 opinions
- Cram v. LaconiaSupreme Court of New Hampshire · 1901
- Grand Trunk Railway Co. v. BerlinSupreme Court of New Hampshire · 1894
- Logue v. ClarkSupreme Court of New Hampshire · 1882
3Cited by5 opinions
- Sayers v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1916
- Bamberger Electric R. v. Public Utilities CommissionUtah Supreme Court · 1922
- Blake v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1906
- Moffatt v. GaleSupreme Court of New Hampshire · 1943
- Weber County v. Ritchie Et Ux.Utah Supreme Court · 1939