Tilton v. Pittsfield
Supreme Court of New Hampshire
Case, on the statute of highways, for damage happening to a traveller. Facts agreed. The alleged highway runs from a highway to a railroad depot. It was not laid out in the mode prescribed by statute, and has not been used twenty years for public travel.
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Case, on the statute of highways, for damage happening to a traveller. Facts agreed. The alleged highway runs from a highway to a railroad depot. It was not laid out in the mode prescribed by statute, and has not been used twenty years for public travel. It was opened by tlie railroad company within twenty years, upon an agreement between the company and the town that the public should have the free use of it as a highway, and the company should keep it .in repair so long as the company used the depot, and that the town should discontinue so much of the highway at another place as the new way…
1Opinion of the CourtDoe, C. J.
A way not laid out in a mode prescribed by statute, and not used twenty years as a highway, is not a highway. Gen. St., c. 68, s. 8 ; Rev. St., c. 63, s. 7. The town is not estopped, in this case, to deny that such a way is a highway. Haywood v. Charlestown, 34 N. H. 23; Northumberland v. A.' Sf S. L. Railroad, 35 N. H. 574; Smith v. Northumberland, 36 N. H. 38 ; Hall v. Manchester, 39 N. H. 296 ; Fames v. Northumberland, 44 N. H. 67 ; Stevens v. Nashua, 46 N. H. 192. In Gilbert v. Manchester, 55 N. IT. 298, the way had been used as a highway more than twenty years. When a way is a highway,…
2Cases cited1 opinion
- Gilbert v. ManchesterSupreme Court of New Hampshire · 1875
3Cited by2 opinions
- Wentworth v. RochesterSupreme Court of New Hampshire · 1884
- Wooley v. RochesterSupreme Court of New Hampshire · 1881