Underwood v. Bailey
Supreme Court of New Hampshire
From Coos Circuit Court. Appeal from the laying out of a highway by the selectmen of Lancaster, and the award of land damages by them thereupon made to the plaintiff. At the April term, 1873, the appeal was referred to the county commissioners, who, at the November term, 1873, made a report, in which they “affirm the decision of said selectmen, both in the laying out and the award of damages.”
Read the full summary
From Coos Circuit Court. Appeal from the laying out of a highway by the selectmen of Lancaster, and the award of land damages by them thereupon made to the plaintiff. At the April term, 1873, the appeal was referred to the county commissioners, who, at the November term, 1873, made a report, in which they “affirm the decision of said selectmen, both in the laying out and the award of damages.” At said November term, 1873, the plaintiff filed the following objections, in. writing, to said report: (1) The road attempted to be laid out and established by said commissioners is only a personal or…
1Opinion of the Court
FROM COOS CIRCUIT COURT. By express provision of law, selectmen are authorized "to lay out any new highway * * * for which there shall be occasion, either for the accommodation of the public or of the person applying;" and if it be for the accommodation of an individual, it may be laid out subject to gates and bars, to be maintained by the person thus accommodated, his heirs or assigns; "but no other condition shall be affixed to the said laying out, or imposed upon the individual for whose benefit the laying out was made." Gen. Stats., ch. 61, secs. 1, 12.
The report of the selectmen as well…
2Cases cited1 opinion
- Brown v. BrownSupreme Court of New Hampshire · 1871
3Cited by3 opinions
- Bickford v. FranconiaSupreme Court of New Hampshire · 1905
- Underwood v. BaileySupreme Court of New Hampshire · 1879
- Lauren Shearer v. Ronald Raymond & a.Supreme Court of New Hampshire · 2021