Nashua & Rochester Railroad v. Lee
Supreme Court of New Hampshire
In this case, two reports of the board of county commissioners were pending at the February term, 1875, of the circuit court. One was a petition by the plaintiffs against an order of the town of Lee, requiring them to build a bridge over their railroad at a crossing of the highway, and was to the effect that the bridge was necessary for the public safety and accommodation.
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In this case, two reports of the board of county commissioners were pending at the February term, 1875, of the circuit court. One was a petition by the plaintiffs against an order of the town of Lee, requiring them to build a bridge over their railroad at a crossing of the highway, and was to the effect that the bridge was necessary for the public safety and accommodation. The other was on a petition in favor of a landholder, and was to the effect that the highway ought to be discontinued, and ordered a substitute to be made for it so that the proposed bridge would no longer be necessary. The…
1Concurrence
A judgment on the first report must be, that the railroad build the bridge. It seems to me the plaintiffs are right, that such a judgment would be preposterous and unjust. The same board of commissioners have since ordered a change in the highway, and that the very portion of it where the bridge was to be built be forever closed. When that was done, the public security no longer required the bridge ordered to be built by the first report. The only occasion for recommitting the first report is, that the facts appearing is the second may be stated is it. That being done, it is clear the…
2Cases cited1 opinion
- Farmer v. Town of HooksettSuperior Court of New Hampshire · 1854