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Hodgman v. Concord

Supreme Court of New Hampshire Merrimack
Jun 1, 1898
41 A. 287 (N.H. 1898)

Summary

In Hodgman v. Concord, 69 N.H. 349 it was held that where injury is occasioned to an adjoining estate by a change of 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. For a similar holding in regard to the right to recover damages for the laying out of a highway, see Bean v. Warner, 38 N.H. 247; Moore v. Boston, 8 Cush. 274.

Summary of this case from Locke v. Laconia

Opinion

Decided June, 1898.

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.

Albin, Martin Howe, for the plaintiff.

Sargent, Hollis Niles, for the defendants.


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 of the premises. 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.


Summaries of

Hodgman v. Concord

Supreme Court of New Hampshire Merrimack
Jun 1, 1898
41 A. 287 (N.H. 1898)

In Hodgman v. Concord, 69 N.H. 349 it was held that where injury is occasioned to an adjoining estate by a change of 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. For a similar holding in regard to the right to recover damages for the laying out of a highway, see Bean v. Warner, 38 N.H. 247; Moore v. Boston, 8 Cush. 274.

Summary of this case from Locke v. Laconia
Case details for

Hodgman v. Concord

Case Details

Full title:HODGMAN v. CONCORD

Court:Supreme Court of New Hampshire Merrimack

Date published: Jun 1, 1898

Citations

41 A. 287 (N.H. 1898)
41 A. 287

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