Stinson v. Dunbarton
Supreme Court of New Hampshire
Petition for a new highway all in said Dunbarton. It alleges the prior due presentment of a petition to the selectmen of the town for the laying out of the highway and their refusal to lay out the same. This petition was entered in this court, as of February Term, 1861, and referred to the county commissioners at that term. At the October Term, 1863, said commissioners made their report, laying out a highway the same as that hereinafter described.
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Petition for a new highway all in said Dunbarton. It alleges the prior due presentment of a petition to the selectmen of the town for the laying out of the highway and their refusal to lay out the same. This petition was entered in this court, as of February Term, 1861, and referred to the county commissioners at that term. At the October Term, 1863, said commissioners made their report, laying out a highway the same as that hereinafter described. Objection was made on the part of the town to the acceptance of that report, because no notice of the hearing before the commissioners had been…
1Opinion of the CourtBartlett, J.
"Upon a petition for a new highway, selectmen and road commissioners may lay out a road in part new and in part over and upon an existing highway.” Raymond v. Griffin, 23, N. H. 340; Hopkinton v. Winship, 35 N. H. 215; State v. Boscawen, 28 N. H. 195. In the present case it does not appear that the road as laid out is not substantially a direct and convenient means of communication between the termini described in the petition, and no fraud is shown; we must, therefore, take the judgment of the commissioners as conclusive as to the necessity. Hopkinton v. Winship. Here, no question of…
2Cited by1 opinion
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