Strickford v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for damages occasioned tbe plaintiff by tbe defendants’ construction and operation of a street railway upon and over a highway in front of bis property.
Read the full summary
Case, for damages occasioned tbe plaintiff by tbe defendants’ construction and operation of a street railway upon and over a highway in front of bis property. Tbe writ is dated September 21, 1903. The questions of law arising upon the defendants’ demurrer were transferred from the April term, 1904, of tbe superior court by Peaslee J. Tbe declaration alleges, in substance, that at tbe time of tbe acts complained of the plaintiff was and now is tbe owner of a certain lot of land in tbe town of Hooksett, bounded on its easterly side by a public highway; that a tbree-story building, the east line…
1Opinion of the CourtBingham, J.
The defendants contend in support of their demurrer that the railway is lawfully located within the limits of the highway, and that although the plaintiff owns the fee to the center of the highway opposite his lot, the construction of the railway upon it was not the imposition of an additional burden, — the taking of a new easement, — and that the plaintiff is not entitled to damages. The plaintiff, on the other hand, contends that the railway is not lawfully in the highway; that although its location was properly granted, the defendants had no right under the law to appropriate and use the…
2Cases cited7 opinions
- Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904
- Peck v. Schenectady Railway Co.New York Court of Appeals · 1902
- Howe v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1896
- In Re the Administration of the Goods & Chattels of CurserNew York Court of Appeals · 1882
- Baker v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Darling v. Newport Electric Light Co.Supreme Court of New Hampshire · 1908