Keefe v. Sullivan County Railroad
Supreme Court of New Hampshire
Petition, for a crossing over the defendants’ railroad, under Gen. Laws, e. 161, s. 16. The petition was presented to the commissioners, who. after due notice and a hearing, reported that there was a legally established crossing from the plaintiff’s premises over the tracks of the company to the highway; that said crossing was built by the defendants in 1848, and has been at all times since kept, repaired, and maintained by them until October, 1882, when they put in an…
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Petition, for a crossing over the defendants’ railroad, under Gen. Laws, e. 161, s. 16. The petition was presented to the commissioners, who. after due notice and a hearing, reported that there was a legally established crossing from the plaintiff’s premises over the tracks of the company to the highway; that said crossing was built by the defendants in 1848, and has been at all times since kept, repaired, and maintained by them until October, 1882, when they put in an additional track and removed the plank from the crossing, and have since neglected and refused to replace them, or build and…
1Opinion of the CourtSmith, J.
The defendants contend that the court has no jurisdiction of this petition, and excepted to the order recommitting the report to the commissioners. Chapter 953, s. 5 of Laws 1850, imposed upon every railroad corporation the duty of constructing cattle guards, cattle passes, and farm- crossings for the convenience and safety of the land-owners along the line of their road, the place and number to be determined by three justices of the peace in case of disagreement between the corporation and land-owner. The justices were required to make a report of their doings in writing, and file a copy…
2Cases cited1 opinion
- Wilbur v. AbbotSupreme Court of New Hampshire · 1880
3Cited by2 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Bolger v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926