Blevens v. New England Telephone & Telegraph Co.

Supreme Court of New Hampshire

Blevens v. New England Telephone & Telegraph Co.

356 A.2d 696, 116 N.H. 247, 1976 N.H. LEXIS 320

CourtSupreme Court of New Hampshire

DecidedApril 30, 1976

Docket7313

StatusPublished

Cited by5 cases

This text of 356 A.2d 696 (Blevens v. New England Telephone & Telegraph Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Blevens v. New England Telephone & Telegraph Co., 356 A.2d 696, 116 N.H. 247, 1976 N.H. LEXIS 320 (N.H. 1976).

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Opinion

Memorandum Opinion

This petition for writ of certiorari seeks a determination that the district court erred in dismissing plaintiff’s small claim for rent for the maintenance of a guy wire and stub pole across and on plaintiff’s property on the ground that the title to real estate was involved and that it therefore lacked jurisdiction. RSA 502-A14 (Supp. 1975); RSA 503:1 (Supp. 1975); N.H. Const, pt. 1, art. 20.

Defendant has submitted the affidavit of one of its engineers that the guy wire and stub pole in question have been maintained in the same location for thirty-forty years. Flewelling v. Roby, 97 N.H. 97, 82 A.2d 83 (1951). Defendant’s claim to an easement raises the question therefore as to whether plaintiff’s title is such as to entitle him to charge defendant rent. This sufficiently involves the title to real estate to remove the case from the jurisdiction of the district court. Gowen v. Swain, 90 N.H. 383, 10 A.2d 249 (1939); Hatch v. Hillsgrove, 83 N.H. 91, 138 A. 428 (1927); Allen v. Smith, 375 S.W.2d 874 (Mo. App. 1964); Ladd v. Teichman, 359 Mich. 587, 103 N.W.2d 338 (1960).

Petition dismissed.

Kenison, C.J. did not sit; the others concurred.

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Memorandum Opinion

This petition for writ of certiorari seeks a determination that the district court erred in dismissing plaintiff’s small claim for rent for the maintenance of a guy wire and stub pole across and on plaintiff’s property on the ground that the title to real estate was involved and that it therefore lacked jurisdiction. RSA 502-A14 (Supp. 1975); RSA 503:1 (Supp. 1975); N.H. Const, pt. 1, art. 20.

Defendant has submitted the affidavit of one of its engineers that the guy wire and stub pole in question have been maintained in the same location for thirty-forty years. Flewelling v. Roby, 97 N.H. 97, 82 A.2d 83 (1951). Defendant’s claim to an easement raises the question therefore as to whether plaintiff’s title is such as to entitle him to charge defendant rent. This sufficiently involves the title to real estate to remove the case from the jurisdiction of the district court. Gowen v. Swain, 90 N.H. 383, 10 A.2d 249 (1939); Hatch v. Hillsgrove, 83 N.H. 91, 138 A. 428 (1927); Allen v. Smith, 375 S.W.2d 874 (Mo. App. 1964); Ladd v. Teichman, 359 Mich. 587, 103 N.W.2d 338 (1960).

Petition dismissed.

Kenison, C.J. did not sit; the others concurred.

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356 A.2d 696, 116 N.H. 247, 1976 N.H. LEXIS 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blevens-v-new-england-telephone-telegraph-co-nh-1976.

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