Low v. Railroad
Supreme Court of New Hampshire
Appeal, by the plaintiff, filed May 17, 1882, under Gen. Laws, c. 160, ss. 29, 17-22, from an assessment of damages for land of the plaintiff taken for railroad depot purposes. The sum assessed was tendered to the plaintiff by the defendants before they entered upon the land, and before he took this appeal, and he refused to accept it.
Read the full summary
Appeal, by the plaintiff, filed May 17, 1882, under Gen. Laws, c. 160, ss. 29, 17-22, from an assessment of damages for land of the plaintiff taken for railroad depot purposes. The sum assessed was tendered to the plaintiff by the defendants before they entered upon the land, and before he took this appeal, and he refused to accept it. May 17,1882, the defendants paid the same sum to the state treasurer, and filed in his office reasonable security for the payment of any further damages and cost which might be awarded on the appeal, as required by s. 22. June 8, 1882, the plaintiff received…
1Opinion of the CourtClakk, J.
The exercise of the power of eminent domain for railroad uses was not authorized by the Revised Statutes. “ No railroad corporation shall take any land for the use of such corporation without the consent of the owner thereof.” Rev. St., c. 142, s. 1. By the act of December 25, 1844 (Laws of 1844, c. 128), railroads were declared to be public corporations in certain cases, and a board of railroad commissioners established authorized to lay out railroads on petition, and, in conjunction with the road commissioners for the county, to assess the damages to the land-owners ; and the same right of…
2Cases cited2 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- State v. DoepkeSupreme Court of Missouri · 1878
3Cited by10 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Brainard v. . CooperNew York Court of Appeals · 1852
- Redhead Bros. v. Wyoming Cattle Investment Co.Supreme Court of Iowa · 1905
- Acting Director, Department of Forests & Parks v. WalkerCourt of Appeals of Maryland · 1974
- Shapiro v. Maryland-National Capital Park & Planning CommissionCourt of Appeals of Maryland · 1964
5 more not listed; retrieve them via the Exa API.