Tilton v. Sanbornton
Supreme Court of New Hampshire
Petition, by the towns of Tilton, and Belmont against the town of Sanbornton and the city of Laconia under P. S., c. 73, s. 4, for contribution toward the expense of highway construction, alleging that it has become necessary to build a new bridge connecting the plaintiff towns over Lake Winnisquam, a part of which bridge is to be in Tilton and a part in Belmont, that the expense of such construction will be about $50,000, one half of which will be paid by the state, and one…
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Petition, by the towns of Tilton, and Belmont against the town of Sanbornton and the city of Laconia under P. S., c. 73, s. 4, for contribution toward the expense of highway construction, alleging that it has become necessary to build a new bridge connecting the plaintiff towns over Lake Winnisquam, a part of which bridge is to be in Tilton and a part in Belmont, that the expense of such construction will be about $50,000, one half of which will be paid by the state, and one quarter by each of the plaintiffs, that the expense will be excessively burdensome to the plaintiffs, and that…
1Opinion of the CourtWalker, J.
The plaintiffs claim that they are authorized to maintain their petition for contribution from the defendants for a part of the expense they may incur in the building of the bridge, by section 4, chapter 73 of the Public Statutes, which provides that, “When the expense of rebuilding or repairing a highway would be excessively burdensome to the town in which it is situate, and another town is greatly benefited by the highway, the supreme [superior] court, upon petition and proceedings thereon as in the case of laying out a highway, may order a portion of the expense to be paid by such other…
2Cases cited3 opinions
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- Tracy v. TufflySupreme Court of the United States · 1890
- People ex rel. Deneen v. Town of ThorntonIllinois Supreme Court · 1900
3Cited by4 opinions
- Farrelly v. Timberlane Regional School DistrictSupreme Court of New Hampshire · 1974
- Figenskau v. McCoyNorth Dakota Supreme Court · 1936
- Laconia v. Boston & Maine RailroadSupreme Court of New Hampshire · 1925
- Attorney-General Ex Rel. Highway Agents v. BrooksSupreme Court of New Hampshire · 1921