Town of Troy v. Cheshire Rail Road
Superior Court of New Hampshire
Case. The first count stated, that on the tenth day of July, 1847, there was a public highway in Troy, leading from Troy village towards Keene, and which the town was liable to repair; and there was upon the highway, and forming a part of it, near, &c., a valuable stone bridge, in good repair, and suitable for the accommodation of the public; that the railroad company had built a railroad passing near to, and partly upon and over, the said highway, before the day aforesaid,…
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Case. The first count stated, that on the tenth day of July, 1847, there was a public highway in Troy, leading from Troy village towards Keene, and which the town was liable to repair; and there was upon the highway, and forming a part of it, near, &c., a valuable stone bridge, in good repair, and suitable for the accommodation of the public; that the railroad company had built a railroad passing near to, and partly upon and over, the said highway, before the day aforesaid, and were proceeding in the construction of their railroad, and on said day did, in constructing their railroad, cause…
1Opinion of the CourtBell, J.
In general, towns are not. the owners of highways, though there unquestionably may be cases where the towns, instead of a mere easement, have thought it judicious to purchase the fee of the land itself. We are not aware of any rule of law, or considerations of expediency, which forbid -this to be done, while there are many cases, in which it may be very sound policy for towns to make such purchases, where the land can be obtained. Copp v. Neal, 7 N. H. Rep., 275. By the modes of laying out highways, prescribed by the law, by. dedication made by individuals, and by prescription, the public…
2Cases cited5 opinions
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
- Calking v. BaldwinNew York Supreme Court · 1830
- Mason v. City of NashvilleTennessee Supreme Court · 1927
- Town of Chatham v. BrainerdSupreme Court of Connecticut · 1835
3Cited by21 opinions
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- Atlas Chemical Industries, Inc. v. AndersonTexas Supreme Court · 1975
- Walton v. Phillips Petroleum Co., Texas Court of Appeals, 8th District (El Paso)2001
- Sundell v. Town of New LondonSupreme Court of New Hampshire · 1979
- Moulton v. Groveton Papers Co.Supreme Court of New Hampshire · 1974
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