State v. Town of Hampton
Superior Court of New Hampshire
The legislature have power to permit a turnpike corporation to lay out their road upon an ancient highway. If an act to that effect he passed by the legislature, and the turnpike corporation accept the grant, and build their road without any material deviations from the bed of the ancient highway, the town, in which the highway was, ceases to be liable for the repairs of any part of it.
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The legislature have power to permit a turnpike corporation to lay out their road upon an ancient highway. If an act to that effect he passed by the legislature, and the turnpike corporation accept the grant, and build their road without any material deviations from the bed of the ancient highway, the town, in which the highway was, ceases to be liable for the repairs of any part of it. This was an indictment for not repairing a few rods of a causeway, alleged to be a public highway across Hampton marsh. At the trial here, September Term, 1818, the defendants offered in evidence, an act of…
1Opinion of the Court
Woodbury, J,,
pronounced judgment in the case.
ft is admitted, that the causeway, described in the indictment, was once a public highway in the town of Hampton. It is, also, admitted, that a small part of it, as then travelled, is now in bad repair ; and hence the indictment can be sustained, if that part has not been legally discontinued as a public highway, or the duty to repair it devolved oa another corporation.
But the act of the legislature, under which the defendants justify, by empowering a turnpike company to occupy the whole causeway for their corporate purposes, virtually discontinued…
2Cases cited5 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- President of the Farmers' Turnpike Road v. CoventryNew York Supreme Court · 1813
- Trustees of Dartmouth College v. WoodwardSuperior Court of New Hampshire · 1817
- Malin v. KinneyNew York Supreme Court · 1803
- Town of Lebanon v. OlcottSuperior Court of New Hampshire · 1818
3Cited by3 opinions
- State v. New-BostonSuperior Court of New Hampshire · 1840
- State v. RichmondSuperior Court of New Hampshire · 1853
- Laconia v. GilmanSupreme Court of New Hampshire · 1875