DIPRIZIO v. BOSTON & MAINE RAILROAD

No. 4204.

98 N.H. 254 (1953)

CHARLES DIPRIZIO v. BOSTON & MAINE RAILROAD. WILLIAM T. LEIGHTON v. SAME.

Supreme Court of New Hampshire.

July 1, 1953.


Attorney(s) appearing for the Case

Cooper, Hall & Cooper and John M. Brant (Mr. Burt R. Cooper orally), for the plaintiffs.

Burns, Calderwood & Bryant (Mr. Bryant orally), for the defendant.


GOODNOW, J.

Tibbetts Road is a public highway running east and west which is intersected at approximately right angles by the single line track of the railroad's Conway branch which runs north and south. The highway starts at Route 16, the White Mountain Highway, about five hundred feet easterly of the crossing. It is a dirt road fourteen to sixteen feet in width which follows a substantially straight course upgrade from Route 16 to the crossing, the grade for some...

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