Towns v. Cheshire Railroad
Superior Court of New Hampshire
Case. The' parties agreed to submit this action to the decision of the Court upon the following statement of facts. On the 3d of September, 1849, the plaintiffs’ mare escaped from their pasture in the westerly part of Keene, distant about one fourth of a mile from the railroad, into an adjoining highway which is crossed by the railroad at grade, in lands not owned by the plaintiffs ; and went along in the highway till she came to the crossing, when she turned upon the…
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Case. The' parties agreed to submit this action to the decision of the Court upon the following statement of facts. On the 3d of September, 1849, the plaintiffs’ mare escaped from their pasture in the westerly part of Keene, distant about one fourth of a mile from the railroad, into an adjoining highway which is crossed by the railroad at grade, in lands not owned by the plaintiffs ; and went along in the highway till she came to the crossing, when she turned upon the railroad and passed down it for about one fourth of a mile. She was within the limits of the railroad, by the side of the…
1Opinion of the CourtGilchrist, C. J.
It is provided by the Rev. Stat. ch. 142, § 6, that if any railroad corporation shall neglect to keep a sufficient and lawful fence on each side of their road, any person against whose land such fence is insufficient may notify the agent of the corporation, and if the fence shall not be made sufficient within twenty days, the owner of the land may repair the fence and may recover of the corporation double the amount of the expense.
This section gives a remedy in terms, only to the owners of land adjoining the railroad, and it was accordingly held in the case of Woolson v. The Northern Railroad…
2Cases cited2 opinions
- Avery v. MaxwellSuperior Court of New Hampshire · 1827
- Tewksbury v. BucklinSuperior Court of New Hampshire · 1835