APPEAL OF B&M CORP.

No. 84-195

126 N.H. 360 (1985)

APPEAL OF BOSTON AND MAINE CORPORATION (New Hampshire Public Utilities Commission)

Supreme Court of New Hampshire.

April 11, 1985


Attorney(s) appearing for the Case

Gallagher, Callahan & Gartrell P.A., of Concord (James L. Kruse on the brief), by brief for the petitioner.

McNeill & Taylor P.A., of Dover (John F. Dolan, Jr., on the brief), by brief for the respondent, the Town of Newmarket.


BATCHELDER, J.

The Boston & Maine Corporation (B&M) appeals a decision of the New Hampshire Public Utilities Commission (PUC) directing the repair and maintenance of a highway bridge in Newfields passing over the B&M's railroad track. Finding no error, we affirm the PUC decision.

B&M alleges in this appeal the following errors: (1) the Town of Newmarket had no standing to complain and the PUC had no authority to act under RSA 373:2, :3; (2...

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