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Morse v. Wheeler

Morse v. Wheeler. Herrick v. Same.

Morse v. Wheeler, 45 A. 561 (N.H. 1897)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
December 5, 1897
Judges
Carpenter, Parsons
Citations
45 A. 56169 N.H. 292
Headnotes
The laying out of a highway by selectmen is yacated by an appeal; and during the pendency thereof, one who travels the way is liable to the landowner in an action of trespass. Trespass, guare clausum. Facts found by a referee. The defendant petitioned for a highway which was laid out by the selectmen over lands of the plaintiffs. From the laying out each plaintiff' appealed. The trespass complained of in each ease consisted in opening and traveling the way during the pendency of the appeal which, at the hearing before the county commissioners, was abandoned. The court ordered judgment on the report for the plaintiffs, and the defendant 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 — Carpenter

Carpenter, C. J.

The laying out of a highway by the selectmen is vacated by an appeal. P. S., c. 68, ss.

2, 8;

Wallace v. Brown, 25 N. H. 216, 220, 221; Stalbird v. Beattie, 36 N. H. 455, *293 456. If the law were otherwise, it might in some cases make the right of appeal practically useless to the landowner; and in all cases where the road is not finally established, might compel towns to pay damages to the landowner and perhaps other expenses, without any corresponding benefit to the public.

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.

1905: 11947: 119052026peak 1905 · 1

Relies on it most ⓘ

  1. Alabama Power Co. v. Thompson32 So. 2d 795 (Ala. 1947)
  2. Bickford v. Franconia60 A. 98 (N.H. 1905)

Most recent

  1. Alabama Power Co. v. Thompson32 So. 2d 795 (Ala. 1947)
  2. Bickford v. Franconia60 A. 98 (N.H. 1905)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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