Carpenter v. Landaff
Supreme Court of New Hampshire
Appeal from assessment of land damages by road commissioners. It is agreed by the parties, for the purposes of this case only, that a highway was laid out by the commissioners over the land of the plaintiff, three rods wide and over a mile in length ; that the plaintiff’s land is a narrow strip, less upon an average than fifty rods wide; is for the most part wood and timber land, some twenty acres only being cleared; and that wherever the said land is cleared and improved, a…
Read the full summary
Appeal from assessment of land damages by road commissioners. It is agreed by the parties, for the purposes of this case only, that a highway was laid out by the commissioners over the land of the plaintiff, three rods wide and over a mile in length ; that the plaintiff’s land is a narrow strip, less upon an average than fifty rods wide; is for the most part wood and timber land, some twenty acres only being cleared; and that wherever the said land is cleared and improved, a fence must be built for the whole distance, on one side of said highway, and for a part of the distance on the other.…
1Opinion of the CourtBellows, J.
In this case the court is called upon to lay down the rules by which the damages, sustained by the owners of land through which a highway is laid, shall be assessed. No distinct question, however, is presented, and the court might with propriety decliue to enter upon the task of determining the principles that ought to guide the discharge of this duty. Yet we are inclined rather to state the conclusions to which we have arrived, upon one or two questions indicated in the agreed statement as likely to arise between the parties.
One of these questions is, substantially, whether the benefits and…
2Cases cited4 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Sutton's Heirs v. City of LouisvilleCourt of Appeals of Kentucky · 1837
- Jacob v. City of LouisvilleCourt of Appeals of Kentucky · 1839
- Rice v. Danville, Lancaster & Nicholasville Turnpike Road Co.Court of Appeals of Kentucky · 1838
3Cited by1 opinion
- Adden v. White Mts. N. H. RailroadSupreme Court of New Hampshire · 1875