Hodgdon v. New Hampton
Supreme Court of New Hampshire
From Belknap Circuit Court. Petition for a new highway in New^Hampton. The questions arise upon the report of the commissioners. At the hearing before the commissioners, the town of New Hampton requested them to summon in the adjoining towns of Center Harbor in said county, and Ashland in Grafton county, on the ground that they would be benefited, and New Hampton burdened by the laying of the road.
Read the full summary
From Belknap Circuit Court. Petition for a new highway in New^Hampton. The questions arise upon the report of the commissioners. At the hearing before the commissioners, the town of New Hampton requested them to summon in the adjoining towns of Center Harbor in said county, and Ashland in Grafton county, on the ground that they would be benefited, and New Hampton burdened by the laying of the road. These towns were notified and ordered by the commissioners to contribute to New Hampton in the building of the road. Ashland objected to the jurisdiction of the commissioners and court to compel it…
1Opinion of the Court
FROM BELKNAP CIRCUIT COURT. The case states that the road, as laid out by the commissioners, at the west end intersects an old public highway nearly at right angles forty-five rods from the western terminus named in the petition. This brings the case clearly within the doctrine of Cole v. Canaan, 29 N.H. 88, and Flanders v. Colebrook, 51 N.H. 300. The rule followed in Stinson v. Dunbarton,46 N.H. 385, does not apply. I think this exception to the laying out was well taken, and that the report should for this cause have been set aside.
I am of opinion that the commissioners of Belknap county…
2Cases cited3 opinions
- Cole v. Town of CanaanSuperior Court of New Hampshire · 1854
- Flanders v. ColebrookSupreme Court of New Hampshire · 1871
- Stinson v. DunbartonSupreme Court of New Hampshire · 1866