PUBLIC SERV. CO. v. LOVEJOY GRANITE CO.

No. 6916.

114 N.H. 630 (1974)

PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE v. LOVEJOY GRANITE COMPANY.

Supreme Court of New Hampshire.

September 30, 1974.


Attorney(s) appearing for the Case

Sulloway, Hollis, Godfrey & Soden and Martin L. Gross (Mr. Gross orally) for the plaintiff.

Devine, Millimet, Stahl & Branch (Mr. Shane Devine orally) for the defendant.

Warren B. Rudman, attorney general, and Roger G. Burlingame, attorney, by brief for the State of New Hampshire, amicus curiae.


GRIFFITH, J.

The Public Service Company of New Hampshire seeks an order from the public utilities commission determining the necessity for and establishing the damages to be paid for an easement over certain land of the defendant, Lovejoy Granite Company. The commission granted the plaintiff's motion to transfer to this court the following question: "Do the provisions of RSA 371:1-a or RSA 498-A:1 govern the determination of the issue of

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