PUBLIC SERVICE CO. v. TENNERIFFE DEVELOPMENT CO.

No. 5083.

104 N.H. 339 (1962)

PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE v. TENNERIFFE DEVELOPMENT AND RECREATION COMPANY, INC.

Supreme Court of New Hampshire.

Decided November 30, 1962.


Attorney(s) appearing for the Case

Sulloway, Hollis, Godfrey & Soden and Arthur W. Mudge II (Mr. Mudge orally), for the plaintiff.

Fisher, Parsons & Moran (Mr. Harold D. Moran orally), for the defendant.


BLANDIN, J.

The only question upon the appeal before us is whether the order of the Public Utilities Commission, granting the plaintiff's petition for condemnation of certain land of the defendant and assessing damages therefor, was clearly unreasonable or unlawful. The issue is governed by RSA 541:13 which reads as follows: "Upon the hearing the burden of proof shall be upon the party seeking to set aside any order or decision of the commission to show that the same...

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