Legal Opinion

Page v. Contoocook Valley Railroad

Superior Court of New Hampshire

Decided December 15, 1850PublishedCited by 3 opinions

Appeal from the decision of commissioners and selectmen, awarding damages to the appellant for laying out the Contoocook Valley Railroad, across his land.

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Appeal from the decision of commissioners and selectmen, awarding damages to the appellant for laying out the Contoocook Valley Railroad, across his land. On the 20th of June, 1850, the Contoocook Valley Railroad and the Concord and Claremont Railroad entered into a contract by indenture, which contract was in force at the time of the trial of this cause, in October, 1850. By this contract, it was agreed that the Concord and Claremont Railroad should run and manage both roads, and that the joint net income of both roads should be divided between them in proportion to the sums expended in…

1Opinion of the CourtPerley, J.

By the contract between the two roads the net income of both was to be divided in proportion to the cost of each. 'The sums paid to land-owners would be part of the expense of constructing and completing the roads. Under this bargain, stockholders in the Concord and Claremont road would be interested to keep the land-damages paid by the other road, as low as possible, because, on a division of profits, the lower the land-damages paid by the Contoocook Valley road, the smaller would be the amount taken by that road from the common fund, out of which dividends would be made to the stockholders…

2Cases cited2 opinions

  1. Wood v. StoddardNew York Supreme Court · 1807
  2. Esty v. ChandlerMassachusetts Supreme Judicial Court · 1811

3Cited by3 opinions

  1. Reich v. Cominco Alaska, Inc.Alaska Supreme Court · 2002
  2. Ozark Border Electric Cooperative v. StacyMissouri Court of Appeals · 1961
  3. Roberts v. Public Service Co.District Court, D. New Hampshire · 1936

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