36 A. 554 | N.H. | 1894
The plaintiffs, as lessees of the Atlantic St. Lawrence Railroad Company's property, had a right to maintain and operate the branch railroad within the limits of the way taken for the purpose. Blake v. Rich,
The errors of which the plaintiffs complain are not formal or technical. If the laying out is allowed to stand, the plaintiffs' property will be taken from them without their consent, without compensation, and without an opportunity to be heard upon the question of public necessity or of damages.
That this proceeding was begun within a reasonable time after the plaintiffs learned of the selectmen's action is not questioned; nor do the defendants claim that the plaintiffs had any other adequate and convenient remedy. For this reason, the question, whether they had a remedy by appeal at the time they learned of the laying out (G. L., c. 69, ss. 10, 11; P. S., c. 68, s. 2; c. 288, s. 13), has not been considered.
Petition granted, and the proceedings, so far as they affect the plaintiffs, quashed.
WALLACE, J., did not sit: the others concurred.