Peirce v. Somersworth
Superior Court of New Hampshire
Petition for a highway, in the towns of Somersworth and Dover. The committee reported, “that after making all the examination requested by each and all of the said parties, and after hearing the several proofs and allegations of the parties, both in favor and against said petition, the committee were unanimous in the opinion that the public good did require that a public highway should be laid out, agreeably to the prayer of said petition.
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Petition for a highway, in the towns of Somersworth and Dover. The committee reported, “that after making all the examination requested by each and all of the said parties, and after hearing the several proofs and allegations of the parties, both in favor and against said petition, the committee were unanimous in the opinion that the public good did require that a public highway should be laid out, agreeably to the prayer of said petition. The committee therefore proceeded and laid out a new highway, four rods in width, upon the Dover Turnpike road, as now travelled, the following described…
1Opinion of the CourtParker, C. J.
Had it appeared, in this case, that the highway, as laid out by the committee, extended over any land not within the limits of the turnpike road ; an exception, that the owner of such land had not been notified and had an opportunity to be heard, would have been fatal to the acceptance of the report, at least so far as it deviated from the land previously taken by the turnpike corporation. The court might have accepted the report, except so far as it extended over such land, and rejected it for that part, if the case appeared to be one that admitted and required such a course ; but the usual…
2Cases cited3 opinions
- Slee v. BloomNew York Court of Chancery · 1821
- Barber v. AndoverSuperior Court of New Hampshire · 1836
- Souhegan Nail, Cotton & Woolen Factory v. McConiheSuperior Court of New Hampshire · 1834
3Cited by4 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Backus v. LebanonSuperior Court of New Hampshire · 1840
- White Mountain Power Co. v. Maine Central RailroadSupreme Court of New Hampshire · 1965
- State v. Fourth N. H. TurnpikeSuperior Court of New Hampshire · 1844