Blaisdell v. Portsmouth, Great Falls & Conway Railroad
Supreme Court of New Hampshire
Trespass, qu. cl., by Emily A. Blaisdell against Portsmouth, Great Falls & Conway Railroad, for building a railroad across the plaintiff’s close, April 6, 1865, and using the same to the date of the writ. There were various pleas and replications. The fifth plea was of a license given by one James Brackett, “ from, by, through, and under whom the plaintiff derives all her estate,” &c. To this the plaintiff pleaded a new assignment.
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Trespass, qu. cl., by Emily A. Blaisdell against Portsmouth, Great Falls & Conway Railroad, for building a railroad across the plaintiff’s close, April 6, 1865, and using the same to the date of the writ. There were various pleas and replications. The fifth plea was of a license given by one James Brackett, “ from, by, through, and under whom the plaintiff derives all her estate,” &c. To this the plaintiff pleaded a new assignment. To the new assignment the defendants pleaded, as to the trespasses newly assigned in a certain part of said close, not guilty. The second plea to the new…
1Opinion of the CourtSargent, J.
The argument of the plaintiff, that no consent to enter upon land for the purpose of building a railroad could be effectual, or of any avail, imless the right to enter by strict compliance with all the requirements of the statute had been acquired, is not well founded.
One man can give to another permission or license to make a railroad or dig a canal on his land, just as well as to make & private way or dig a ditch. '
And it matters not whether the party wishing to build or to dig has a charter, or an act of incorporation, or any' other authority to doit, or whether he have pursued one course…
2Cases cited1 opinion
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
3Cited by4 opinions
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- Ouellette v. ButlerSupreme Court of New Hampshire · 1984
- James Boyle, Individually and as Trustee of the 150 Greenleaf Avenue Realty Trust v. City of PortsmouthSupreme Court of New Hampshire · 2020
- Todd H. Maddock & a. v. Michael J. HigginsSupreme Court of New Hampshire · 2023