Dearborn v. Boston, Concord & Montreal Railroad
Superior Court of New Hampshire
Appeal from the award made by the railroad commissioners and the road commissioners of this county, for the damages sustained by the appellant by reason of the laying out of the railroad across his land. The plaintiff introduced evidence tending to show that in consequence of the building of the railroad, a part of his land was liable to be washed, and to cave off where there was a bank; and that the sand drifted from the railroad and injured his- adjoining land.
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Appeal from the award made by the railroad commissioners and the road commissioners of this county, for the damages sustained by the appellant by reason of the laying out of the railroad across his land. The plaintiff introduced evidence tending to show that in consequence of the building of the railroad, a part of his land was liable to be washed, and to cave off where there was a bank; and that the sand drifted from the railroad and injured his- adjoining land. This evidence was objected to, but admitted, and the court instructed the jury that if these effects resulted unvoidably from the…
1Opinion of the Court
Eastman, JV*
By the act of December 25th, 1844, the railroad commissioners, in conjunction with the road commissioners for the county where the lands taken for any railroad should lie, are required to assess the damages sustained by the owners of lands in the same way and manner as road commissioners in the several counties were by law required to do. Pamphlet Laws, chap. 128, § 5.
By the Revised Statutes, road commissioners are required to assess the damages sustained by owners of land, as selectmen are required to do. Rev. Stat., chap. 51, § 7. And by chap. 49, § 13, of the Revised Statutes,…
2Cases cited6 opinions
- Trustees of Dartmouth College v. WoodwardSuperior Court of New Hampshire · 1817
- Town of Lebanon v. OlcottSuperior Court of New Hampshire · 1818
- Prichard v. AtkinsonSuperior Court of New Hampshire · 1826
- Woods v. Nashua Manufacturing Co.Superior Court of New Hampshire · 1829
- Eustis v. ParkerSuperior Court of New Hampshire · 1818
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3Cited by1 opinion
- Perley v. B. C. & M. R. R.Supreme Court of New Hampshire · 1876