44 A. 531 | N.H. | 1895
If a person to whom damages are awarded by the commissioners in a highway case is dissatisfied, he may appear when their report is returned and object, and the court will assess his damages by a jury. P. S., c. 68, s. 10. An execution will issue for damages and costs, as upon other judgments. P. S., c. 68, s. 11. In this case, by agreement, the damages were assessed by a referee instead of by a jury. "No land or other property taken for a highway shall be appropriated or used for making the same until the damages assessed therefor are paid or tendered" (P. S., c. 71, s. 4); and" In cases where execution may not be issued by the supreme court for damages on account of a highway, the person entitled thereto may recover the surge, with interest, by action of debt, if not paid in thirty days after demand." Ib., s. 7. In Fiske v. Chesterfield,
In the present case, the judgment on the report of the commissioners legally established the highway. The question of the plaintiff's land damages was still being litigated, and was undetermined during the pendency of her appeal. Lyman's Bridge Co. v. Lebanon,
Judgment for the plaintiff accordingly.
All concurred.