Hodgman v. Concord

Hodgman v. Concord.

Hodgman v. Concord, 41 A. 287 (N.H. 1898)

Court: Supreme Court of New Hampshire · State Highest Courts
Decided: June 5, 1898
Judges: Pike, Parsons
Citations: 41 A. 28769 N.H. 349

Cited by 1

Headnotes

Where injury is occasioned to an adjoining estate by a change of the grade of a highway, the owner’s right of action is complete when' such change is made, and is not affected by his conveyance of the' premises prior to the filing of a petition for the assessment of damages. Petition, under P. S., c. 73, ss. 24, 25, for the assessment of damages caused by a change of the grade of a highway. Facts found by the court. The plaintiff owned the premises at the time the grade was changed, but conveyed them without reservation to a third party before the petition was filed. The court referred the petition to the county commissioners, and the defendants excepted.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Pike

Pike, J.

The injury for which the plaintiff seeks damages was complete when the change of grade was made,, and he was then entitled to compensation for the defendants’ act. His right of > action was not affected by the conveyance ©f the premises *350 Boynton v. Railroad, 4 Cush. 467 , 469;

Moore v. Boston, 8 Cush. 274 ;

New York & New England R. R.

v. Drury, 133 Mass. 167, 169 ;

Bean v. Warner, 38 N. H. 247.

Exception overruled.

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

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 1 case

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State Highest Courts1

Relies on it most ⓘ

Hadlock v. Jaffrey76 A. 123 (N.H. 1910)

Most recent

Hadlock v. Jaffrey76 A. 123 (N.H. 1910)

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Authorities cited 1

Depth	Case	Cited by
	N.Y. & New England R.R. v. Drury, 133 Mass. 167 (1882)	2

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