State v. Vale Mills
Supreme Court of New Hampshire
Indictment for obstructing Main street, in Nashua, by erecting a porch and fences and setting trees in front of the Vale Mills. The defendants claimed that the alleged obstructions were upon their own land, and not within the limits of the highway. The place of the alleged obstructions is on the westerly side of the street, between Salmon brook and the Nashua river, within the limits of the old town of Dunstable.
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Indictment for obstructing Main street, in Nashua, by erecting a porch and fences and setting trees in front of the Vale Mills. The defendants claimed that the alleged obstructions were upon their own land, and not within the limits of the highway. The place of the alleged obstructions is on the westerly side of the street, between Salmon brook and the Nashua river, within the limits of the old town of Dunstable. To show the location and boundaries of the highway, the state, subject to exception, introduced from the records and files of the town of Dunstable, preserved in the office of the…
1Opinion of the CourtStanley, J.
Tbe first three exceptions stand on the same ground. The evidence objected to was taken from ancient records, and was competent to be considered by the jury on the question of the laying out of Main street. Prichard v. Atkinson, 8 N. H. 835, 338; State v. Alstead, 18 N. H. 59 ; Willey v. Portsmouth, 85 N. H. 303, 309, 310; Hayward v. Bath, 38 N. H. 179, 187; Thompson v. Major. 58 N. H. 242, 244; Plummer v. Ossipee, 59 N. H. 56; 1 Greenl. Evid., ss. 139, 483, 493, 496, 497, 501.
The location of the west line of the street, in dispute, was a matter of public and general interest, and the…
2Cases cited1 opinion
- Thompson v. MajorSupreme Court of New Hampshire · 1878
3Cited by1 opinion
- Webster v. BoscawenSupreme Court of New Hampshire · 1891