Adden v. White Mts. N. H. Railroad
Supreme Court of New Hampshire
Appeal from an award by the railroad commissioners and the selectmen of Northumberland of four hundred dollars for land damages. The railroad was constructed over and across the appellant’s land and in the vicinity of the track, and upon both sides of it was a growth of pine trees.
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Appeal from an award by the railroad commissioners and the selectmen of Northumberland of four hundred dollars for land damages. The railroad was constructed over and across the appellant’s land and in the vicinity of the track, and upon both sides of it was a growth of pine trees. The defendants contended that by the construction and operation of the railroad the appellant derived advantages for getting his lumber to market, which advantages should be taken into consideration in diminution of the damages sustained by the appellant. The court instructed the jury that they must not set off…
1Opinion of the Court
The rule in regard to the assessment of damages for land taken for a public highway is well settled in this state. Nothing is to be deducted on account of benefits and advantages not peculiar to the owner of the land so taken, but which are general, and shared in by other land-owners in the vicinity. He is entitled to compensation, not only for the land actually taken, but for the damage to the whole tract through which the road passes, — which includes the diminished value of what is left. If the result of the construction of the highway is inevitably to raise the value of all the lands in…
2Cases cited3 opinions
- Backus v. LebanonSuperior Court of New Hampshire · 1840
- In re Washington Road Co.Supreme Court of New Hampshire · 1857
- Carpenter v. LandaffSupreme Court of New Hampshire · 1860
3Cited by3 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Lebanon Housing Authority v. National BankSupreme Court of New Hampshire · 1973
- City of Manchester v. Airpark Business Center Condominium Unit Owners' Ass'nSupreme Court of New Hampshire · 2002