Concord Railroad v. Greely
Superior Court of New Hampshire
Petition, setting forth that the petitioners have located their railroad through certain lands of Joseph Greely, and of other persons named, situated as described in the petition; that they have not been able to agree with those parties, or any of them, for the purchase of such land, or as to the sum or sums to be paid for taking the same for the road; that they have filed with the clerk of the court of common pleas for the county in which the lands lie, security for the…
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Petition, setting forth that the petitioners have located their railroad through certain lands of Joseph Greely, and of other persons named, situated as described in the petition; that they have not been able to agree with those parties, or any of them, for the purchase of such land, or as to the sum or sums to be paid for taking the same for the road; that they have filed with the clerk of the court of common pleas for the county in which the lands lie, security for the damages, as required by the act of December 23,1840, and praying for an appraisal of the damages to those owners,…
1Opinion of the Court
Gilchrist, J.*
The first section of the charter, which was granted in 1835, authorizes this corporation to locate and construct a railroad from a point in the south line of the State, in either of the towns of Hudson, Pelham or Salem, or in Nashua Village, to the town of Concord. The road is not to be made more than six rods in width ; and for the purpose of cuttings, embankments, &e., the corporation are authorized to take as much more land as is necessary for the proper construction and security of the road.
By the seventh section the corporation are holden to pay all damages that may arise…
2Cases cited3 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Bradshaw v. RodgersNew York Supreme Court · 1822
- Parish v. GilmantonSuperior Court of New Hampshire · 1840
3Cited by6 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- State v. U. S. & Canada Express Co.Supreme Court of New Hampshire · 1880
- Perry v. KeeneSupreme Court of New Hampshire · 1876
- D. Latchis, Inc. v. Borofsky Bros., Inc.Supreme Court of New Hampshire · 1975
- New Hampshire Motor Transport Ass'n v. StateSupreme Court of New Hampshire · 2004
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