State v. Town of Campton
Superior Court of New Hampshire
A bridge, though erected by individuals, yet if dedicated to the public and «sed freely by them so long as to evince its public usefulness, must be repaired by them. The duty to repair is now devolved altogether upon towns, and in no cases upon counties. This was an indictment for not repairing a bridge, in the town of Campion, across the Pemigewasset river.
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A bridge, though erected by individuals, yet if dedicated to the public and «sed freely by them so long as to evince its public usefulness, must be repaired by them. The duty to repair is now devolved altogether upon towns, and in no cases upon counties. This was an indictment for not repairing a bridge, in the town of Campion, across the Pemigewasset river. At the trial here under the general issue in November, 1821, it appeared in evidence, that the bridge in dispute was erected about the year A. D. 1789, by the subscriptions of individuals; that a large public road passed near it; that it…
1Opinion of the CourtWoodbury, J.
It seems to be well settled, that a bridge, though not erected by the public, may still become a public charge in respect to its repairs.
The true test seems to be, that the bridge, if dedicated to the public, ii used by the-.public, and found to be of public utility, should not continue a burthen to the individuals who built it. Q, Inst * 201, 700.—Salk. 369.—2 Bl. Rep. 685. Cam. Di. “ Chemin” B. 1.
A different doctrine would damp the enterprize and liberality of individuals; and when a gift of the above character is thus tacitly received and beneficially employed, the receiver ought to take…
2Cited by5 opinions
- Pearsall v. PostNew York Supreme Court · 1838
- Hopkins v. CrombieSuperior Court of New Hampshire · 1829
- Pritchard v. AtkinsonSuperior Court of New Hampshire · 1827
- State v. New-BostonSuperior Court of New Hampshire · 1840
- Greeley v. QuimbySuperior Court of New Hampshire · 1851