Grand Trunk Railway Co. v. Berlin
Supreme Court of New Hampshire
Petition, for a writ of certiorari, filed February 8,1893. Facts found by the court. In 1855, the Atlantic & St. Lawrence Railroad Company, under authority from the state (Laws 1854, c. 1597), took and paid for a right of way in Berlin, four rods wide, for a branch railroad from their main line to the Berlin Mills. The branch was built, and has ever since been maintained. It, with other property of the company, was leased to the plaintiffs for the term of 999 years.
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Petition, for a writ of certiorari, filed February 8,1893. Facts found by the court. In 1855, the Atlantic & St. Lawrence Railroad Company, under authority from the state (Laws 1854, c. 1597), took and paid for a right of way in Berlin, four rods wide, for a branch railroad from their main line to the Berlin Mills. The branch was built, and has ever since been maintained. It, with other property of the company, was leased to the plaintiffs for the term of 999 years. In June, 1891, the selectmen of Berlin, upon petition, laid out a highway about forty feet wide, across the branch railroad,…
1Opinion of the CourtChase, J.
The plaintiffs, as lessees of the Atlantic & St. Lawrence Railroad Company’s property, had a right to maintain and operate the branch railroad within the limits of the way taken’ for the purpose. Blake v. Rich, 34 N. H. 282; Bailey v. Sweeney, 64 N. H. 296. The easement could not be encumbered by laying out a highway across the way without pursuing the course required for taking the estate of an individual for a like use. G. L., c. 67, s. 13; Northern Railroad v. Railroad, 27 N. H. 183, 195, 196; Opinion of the Justices, 66 N. H. 629. Among the requisites were a petition addressed to the…
2Cases cited5 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Fowler v. BrooksSupreme Court of New Hampshire · 1887
- Logue v. ClarkSupreme Court of New Hampshire · 1882
- Horne v. RochesterSupreme Court of New Hampshire · 1882
- Bailey v. SweeneySupreme Court of New Hampshire · 1886
3Cited by7 opinions
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- State v. CorronSupreme Court of New Hampshire · 1905
- Waisman v. ManchesterSupreme Court of New Hampshire · 1949
- Pittsfield v. ExeterSupreme Court of New Hampshire · 1898
- Leighton v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1903
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