Nashua & Rochester Railroad v. Derry

Supreme Court of New Hampshire

Nashua & Rochester Railroad v. Derry

58 N.H. 65

DecidedMarch 5, 1877

StatusPublished

This text of 58 N.H. 65 (Nashua & Rochester Railroad v. Derry) 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

Nashua & Rochester Railroad v. Derry, 58 N.H. 65 (N.H. 1877).

Pincite

Opinion

Foster, J.

For all practical purposes, a notification of the vote of the town is equivalent to a request. The vote was sufficiently definite. Neither the town nor the railroad, disagreeing concerning the location of the depot, could prescribe it with exactness, and a range of two miles does not seem to be an impracticable or inconvenient range for the examination of the commissioners. The petition was properly referred, under the provisions of Gen. St., c. 147, ss. 5, 14.

Exceptions overruled.

Doe, O. J., did not sit.

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Foster, J.

For all practical purposes, a notification of the vote of the town is equivalent to a request. The vote was sufficiently definite. Neither the town nor the railroad, disagreeing concerning the location of the depot, could prescribe it with exactness, and a range of two miles does not seem to be an impracticable or inconvenient range for the examination of the commissioners. The petition was properly referred, under the provisions of Gen. St., c. 147, ss. 5, 14.

Exceptions overruled.

Doe, O. J., did not sit.

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Bluebook (online)

58 N.H. 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nashua-rochester-railroad-v-derry-nh-1877.