Clark v. Boston, Concord & Montreal Railroad
Superior Court of New Hampshire
Case. The plaintiff founds his action on the provisions of the statute passed July 3,1847, entitled “ an act to amend an act entitled an act to render railroad corporations public in certain cases, and to constitute a board of railroad commissioners,” setting them forth, and then states his claim as follows: That the defendants, in and by the construction of their railroad through the lands of the plaintiff, situate in Sanbornton, in said county, bounded, &c., have cut off…
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Case. The plaintiff founds his action on the provisions of the statute passed July 3,1847, entitled “ an act to amend an act entitled an act to render railroad corporations public in certain cases, and to constitute a board of railroad commissioners,” setting them forth, and then states his claim as follows: That the defendants, in and by the construction of their railroad through the lands of the plaintiff, situate in Sanbornton, in said county, bounded, &c., have cut off and rendered entirely impassable the plaintiff’s private way, leading through his said land, and from his buildings to…
1Opinion of the Court
Eastman», J.
From an examination of the act of July 3, 1847, upon which this action is founded, taken in connection with the general railroad act of December 25, 1844, we tMnk the object of the former was to provide a remedy for any injury or inconvenience that might be occasioned to an individual, by a railroad, by reason of any change made by the corporation in any highway, turnpike, bridge or private way; and also, by reason of any obstructions placed by them upon any highway, turnpike, bridge or private way. By simplifying the first part of the act, it would read thus: If any railroad…
2Cases cited2 opinions
- Metcalf v. BinghamSuperior Court of New Hampshire · 1826
- Barker v. ClarkSuperior Court of New Hampshire · 1828
3Cited by3 opinions
- Soukup v. BrooksSupreme Court of New Hampshire · 2009
- Grossman v. Town of DunbartonSupreme Court of New Hampshire · 1978
- Perley v. B. C. & M. R. R.Supreme Court of New Hampshire · 1876