Underwood v. Bailey

Supreme Court of New Hampshire

Underwood v. Bailey

59 N.H. 480

CourtSupreme Court of New Hampshire

DecidedDecember 5, 1879

StatusPublished

Cited by1 cases

This text of 59 N.H. 480 (Underwood v. Bailey) 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

Underwood v. Bailey, 59 N.H. 480 (N.H. 1879).

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Opinion

Foster, J.

This case is determined by the report of the commissioners that the highway “ is for the sole accommodation and *481 benefit of the defendant, and not for the accommodation of the public.” It is settled beyond all controversy that “ individual property can be compulsorily appropriated by the public only for public use.” Dillon Mun. Corp., s. 460; Cooley Const. Lim. 530. “ The appellant cannot be deprived of his property except for a public purpose.” Cushing, C. J., in Underwood v. Bailey, 56 N. H. 187, 190.

Petition dismissed.

Stanley, J., did not sit: the others concurred.

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Foster, J.

This case is determined by the report of the commissioners that the highway “ is for the sole accommodation and *481 benefit of the defendant, and not for the accommodation of the public.” It is settled beyond all controversy that “ individual property can be compulsorily appropriated by the public only for public use.” Dillon Mun. Corp., s. 460; Cooley Const. Lim. 530. “ The appellant cannot be deprived of his property except for a public purpose.” Cushing, C. J., in Underwood v. Bailey, 56 N. H. 187, 190.

Petition dismissed.

Stanley, J., did not sit: the others concurred.

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Bluebook (online)

59 N.H. 480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/underwood-v-bailey-nh-1879.

Opinion

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