Hadlock v. Jaffrey

Supreme Court of New Hampshire

Hadlock v. Jaffrey

76 A. 123, 75 N.H. 472, 1910 N.H. LEXIS 20

CourtSupreme Court of New Hampshire

DecidedApril 5, 1910

StatusPublished

Cited by1 cases

This text of 76 A. 123 (Hadlock v. Jaffrey) 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.

Bluebook

Hadlock v. Jaffrey, 76 A. 123, 75 N.H. 472, 1910 N.H. LEXIS 20 (N.H. 1910).

Pincite

Opinion

Young, J.

Eastman v. Company, 44 N. H. 143, on which the plaintiff seems to rely, is not in point; for that was case, and the plaintiff was the owner of the land to which the right was appurtenant, both when the defendants attempted to take it and when the action was begun.

In an action of case, the plaintiff may contest the validity of the taking (Littleton v. Company, 7 3 N. H. 11); but in a proceeding of this kind he admits the validity of the taking. Wright v. Company, ante, 3. Consequently, if the plaintiff can recover anything in this action, it must be the value of the right at the time it was taken (Chapman v. Company, 67 N. H. 180) ; but he cannot recover the value of that, for it never belonged to him. Hodgman v. Concord, 69 N. H. 349.

Case discharged.

All concurred.

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