41 A. 263 | N.H. | 1893
The legislature has not authorized the railroad commissioners to locate railroad stations (P. S., c. 155, ss. 11-23, c. 159, ss. 21, 22), and no other tribunal is directly invested with that power. It is conceded that the public good requires that there should be a union passenger station in the city of Manchester, to be used by the railroads connecting at that point, for the accommodation of the public as well as for their own convenience and advantage. From this concession it necessarily follows that it is the legal duty of the parties to locate, erect, and maintain such a depot as public necessity requires. The fact that they are unable to agree upon a suitable location does not relieve them from that duty; and the question is, whether this obligation is an unenforceable one in the absence of express legislation upon the subject, or whether the right, which each has in the performance of its public function, to locate a union station at a reasonably convenient point cannot be vindicated and enforced by the orders and decrees of this court.
In Burke v. Concord Railroad,
Case discharged.
CHASE and WALLACE, JJ., did not sit: the others concurred.