State v. New-Boston
Superior Court of New Hampshire
Indictment, for not repairing a highway ; found at the August term, A. D. 1839, of the court of common pleas for this county. The case was submitted to the court for decision upon an agreed statement of facts.
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Indictment, for not repairing a highway ; found at the August term, A. D. 1839, of the court of common pleas for this county. The case was submitted to the court for decision upon an agreed statement of facts. The indictment alleges the road to be a common highway in New-Boston, and that said town was by law bound to repair the same, whenever it should become necessary; and that it was broken, uneven, and in great decay, for want of due reparation, and that the town has neglected to put it in repair. It was agreed that the road described in the indictment was in great decay, and that the town…
1Opinion of the CourtGilchrist, J.
We are not aware that more than four modes of creating public highways have ever been recognized in this state. The statutes of the state point out two of these modes; firstly, by the authority of the selectmen of the different towns ; and, secondly, by the court of common pleas, acting through a road committee, or a board of road commissioners. The third mode is by charters, granted by the legislature to individuals, authorizing them to build turnpike roads, and to levy and collect tolls of those persons who travel upon them. The fourth mode is by long use of land by the public for the…
2Cases cited13 opinions
- Hooker v. Utica & Minden Turnpike Road Co.New York Supreme Court · 1834
- Prichard v. AtkinsonSuperior Court of New Hampshire · 1826
- Avery v. MaxwellSuperior Court of New Hampshire · 1827
- Eastman v. Coos BankSuperior Court of New Hampshire · 1817
- State v. Town of CamptonSuperior Court of New Hampshire · 1822
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3Cited by1 opinion
- Greeley v. QuimbySuperior Court of New Hampshire · 1851