Worcester, Nashua & Rochester Railroad v. Nashua
Supreme Court of New Hampshire
Bill in Equity, setting forth that the Worcester & Nashua Railroad was chartered in 1844 and 1845, and went into operation prior to 1850; that by its charter it was authorized to construct its railroad upon any land purchased by it, and also over and along any then existing highway or land then dedicated by the owners to the public for a highway within said Nashua, provided the assent of Nashua be given; that such assent was given in 1848 ; that it never adopted the…
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Bill in Equity, setting forth that the Worcester & Nashua Railroad was chartered in 1844 and 1845, and went into operation prior to 1850; that by its charter it was authorized to construct its railroad upon any land purchased by it, and also over and along any then existing highway or land then dedicated by the owners to the public for a highway within said Nashua, provided the assent of Nashua be given; that such assent was given in 1848 ; that it never adopted the provisions of the act of 1844, making railroads public corporations; that by its union with the Nashua & Rochester Railroad in…
1Opinion of the CourtCarpenter, J.
It was provided by Rev. St., o. 142, s. 4, that “ if any railroad shall intex-sect or cx-oss any highway in axxy town in this state, such town may, at axxy legal town-meeting, direct that such place of crossing or intersection shall be secured by a bridge over said road, or by the erection of gates on both sides of said highway, as the town may think expedient.” The section has been amended ixx some particulars (Laws of 1852, e. 1232, Gen. St., e. 147, s. 3) axxd condensed, but the provision in respect to bridges has never been changed. ■ Gen. Laws, c. 161, s. 3. The plaintiffs’ act of…
2Cited by7 opinions
- Succession of IrwinSupreme Court of Louisiana · 1881
- Erie Railroad v. Board of Public Utility CommissionersSupreme Court of New Jersey · 1916
- Laconia v. Boston & Maine RailroadSupreme Court of New Hampshire · 1925
- Shea v. Boston & Maine RailroadSupreme Court of New Hampshire · 1937
- Pierce v. Boston & Maine RailroadSupreme Court of New Hampshire · 1928
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