Ford v. Danbury
Supreme Court of New Hampshire
Petition for a new highway in Danbury, commencing “ at or near a stake and stones standing about four rods northeasterly of the bridge, in the road leading from the house of Archibald Ford to the house of George N. Ford; thence running in a westerly direction to or near a stake and stones, in the road leading from the house of George W. Dean to Grafton depotalleging that the selectmen of Danbury had been petitioned to lay out said new highway, as above described, and had…
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Petition for a new highway in Danbury, commencing “ at or near a stake and stones standing about four rods northeasterly of the bridge, in the road leading from the house of Archibald Ford to the house of George N. Ford; thence running in a westerly direction to or near a stake and stones, in the road leading from the house of George W. Dean to Grafton depotalleging that the selectmen of Danbury had been petitioned to lay out said new highway, as above described, and had neglected or refused so to do. The commissioners, to whom this petition was referred, reported that it was necessary for…
1Opinion of the CourtSargent, J.
Petitions for highways must give the termini of the road petitioned for, without fixing any intermediate bounds (67th rule of court), and a highway laid out on such a petition need not be a straight line from one terminus to the other, but the line between the termini may vary according to the feasibility of the route, at the discretion of the selectmen or commissioners. Wiggin v. Exeter, 13 N. H. 304. As no courses, distances or intermediate monuments are to be given in the petition, the only way of knowing whether a highway is laid over the route petitioned for is by the termini.
A highway…
2Cases cited1 opinion
- Commissioners of Highways of Sherburne v. Judges of ChenangoNew York Supreme Court · 1841