Hinckley v. Franklin
Supreme Court of New Hampshire
Petition, for assessment of damages arising from a change in the grade of a highway. Facts found by the court. In constructing a sidewalk in the highway opposite the plaintiff’s land, in the year 1895, the surface of the ground between her line and the traveled part of the highway (a space about six feet wide) was lowered from one to six feet to a grade about ten or twelve inches above that of the traveled part of the highway.
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Petition, for assessment of damages arising from a change in the grade of a highway. Facts found by the court. In constructing a sidewalk in the highway opposite the plaintiff’s land, in the year 1895, the surface of the ground between her line and the traveled part of the highway (a space about six feet wide) was lowered from one to six feet to a grade about ten or twelve inches above that of the traveled part of the highway. The plaintiff made an application in writing to the city council of Franklin, August 30, 1895, setting forth that in repairing the highway in question the grade was…
1Opinion of the CourtPeaslee, J.
Does the statute providing for compensation to abutters, for damages caused by a change in the grade of a highway, apply to changes in that portion which was theretofore unwrought and unused for travel ?
Much stress is laid upon the technical meaning of the word “ grade ” ; and it is argued that there can be no change of grade until the way has been reduced from its naturally uneven condition to one of fairly uniform rise and fall; that an unwrought way is ungraded, and that the grade cannot be changed until it exists. Cases are to be found wherein this construction has been applied to…
2Cases cited1 opinion
- City of Cambridge v. County CommissionersMassachusetts Supreme Judicial Court · 1878
3Cited by2 opinions
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Vaughn v. New DurhamSupreme Court of New Hampshire · 1943