Proprietors of the Third Turnpike Road v. Champney
Superior Court of New Hampshire
An action of the case may be maintained against the selectmen of a town for laying out a highway merely for the purpose of enabling passengers to evade the payment of toll at a turnpike gate.
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An action of the case may be maintained against the selectmen of a town for laying out a highway merely for the purpose of enabling passengers to evade the payment of toll at a turnpike gate. This was an action of trespass on the case, against the defendants, selectmen of the town of New-Ipswich, for the year 1817, for laying out and opening a road in that year near the turnpike gate of the plaintiffs in New-Ipswich, with intent to defraud the plaintiffs of the tolls to which they were justly entitled, and whereby they were defrauded of their just tolls. The action was tried upon the general…
1Opinion of the CourtRichardson, C. J.
By the statute of February 8, 1791,it is enacted “ that at “ any time hereafter when there shall be occasion for any “ new highways, or private roads to be laid out in any town “ or place in this state, the selectmen of such town or place “ be and hereby are empowered on application made to them, “ if they see cause to lay out the same, whether such high- “ way or road be for the benefit of the town or public in “ general, or for the benefit of the person or persons apply- “ ing only.” And “ any person who may think himself ag- “ grieved by the selectmen in not making sufficient allowance, “…
2Cited by2 opinions
- Robbins v. Town of BridgewaterSuperior Court of New Hampshire · 1834
- Gurnsey v. EdwardsSuperior Court of New Hampshire · 1853