Wilkins v. Manchester
Supreme Court of New Hampshire
Appeal, from the assessment of damages for land taken for a highway. Transferred from the September term, 1906, of the superior court by Pike, J., upon an agreed statement of facts. Before 1895, the owner of a tract of land in Manchester plotted it and recorded the plan, which showed the lots into which it had been divided and a proposed street called Brooklyn avenue.
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Appeal, from the assessment of damages for land taken for a highway. Transferred from the September term, 1906, of the superior court by Pike, J., upon an agreed statement of facts. Before 1895, the owner of a tract of land in Manchester plotted it and recorded the plan, which showed the lots into which it had been divided and a proposed street called Brooklyn avenue. Prior to November 11, 1895, he sold all the lots but one, bounding them by that avenue, and on that day sold the last lot together with the location of the avenue to the plaintiff’s ancestor in title. After the plaintiff bought…
1Opinion of the CourtYoung, J.
If the question intended to be transferred is whether the plaintiff is entitled to a jury trial, the answer is yes, for that right is given him by statute. P. S., c. 68, s. 10; Laws 1897, c. 13. But if the question is the measure of his damages, the answer is that he can recover no more than the commissioners-awarded him, if the agreed case contains all the evidence bearing: on that question, for this ease cannot be distinguished from Walker v. Manchester, 58 N. H. 438.
Case discharged.
All concurred.
2Cases cited1 opinion
- Walker v. City of ManchesterSupreme Court of New Hampshire · 1878
3Cited by3 opinions
- Hill v. Town of ConwayCourt of Appeals for the First Circuit · 1999
- City of Lewiston v. BrintonIdaho Supreme Court · 1925
- Hill v. Town of ConwayCourt of Appeals for the First Circuit · 1999