Woodman v. Northwood
Supreme Court of New Hampshire
Assessment, by a jury, of Daniel S. and Abigail B. Edgerly’s ■damages for laying out a highway across their land. The plaintiffs’ petition for a highway in Northwood was referred to the county commissioners. Northwood presented a petition to them praying that a part of the expense of the highway might be borne by Deerfield; and the latter town was duly notified of this petition, and of the hearing upon the original petition.
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Assessment, by a jury, of Daniel S. and Abigail B. Edgerly’s ■damages for laying out a highway across their land. The plaintiffs’ petition for a highway in Northwood was referred to the county commissioners. Northwood presented a petition to them praying that a part of the expense of the highway might be borne by Deerfield; and the latter town was duly notified of this petition, and of the hearing upon the original petition. The commissioners, at the April term, 1892, made a report laying out the highway, assessing the landowner’s damages, and ordering a portion of the expense to be borne by…
1Opinion of the Court
Blodgett, J.(1) The exception to the orders made at the trial term has no merit, and is overruled. ■(2) The exception to the statement of the presiding justice to the jury, “ that lie did not recall any evidence showing that any one had a right to pass over the Edgerly land except the owners,” is also overruled. If there was any such evidence, the case fails to disclose it.(3) The instruction requested as to the special benefit to the plaintiffs from the opening of the new road through their land was properly denied. Carpenter v. Landaff, 42 N. H. 218; Sawyer v. Keene, 47 N. H. 173, 179;…
2Cases cited1 opinion
- Coker v. RopesMassachusetts Supreme Judicial Court · 1878
3Cited by4 opinions
- Challis v. LakeSupreme Court of New Hampshire · 1901
- Osgood v. MaxwellSupreme Court of New Hampshire · 1915
- Kuba v. Devonshire MillsSupreme Court of New Hampshire · 1916
- Race v. Graves & Ramsdell Co.Supreme Court of New Hampshire · 1919