Bennett v. Town of Tufton-Borough

• Decision Date: 03 March 1903
• Citation: 72 N.H. 63,54 A. 700
• Parties: BENNETT et al. v. TOWN OF TUFTON-BOROUGH.
• Court: New Hampshire Supreme Court

54 A. 700

72 N.H. 63

BENNETT et al.

v. TOWN OF TUFTON-BOROUGH.

Supreme Court of New Hampshire. Carroll.

March 3, 1903.

Exceptions from Superior Court, Carroll County; Peaslee, Judge.

Highway proceedings before the selectmen of the town of Tuftonborough. There was a decision of the selectmen laying out the highway, and plaintiffs, citizens and taxpayers of the town, but not otherwise interested in the proceedings, except. Exceptions overruled.

Arthur L. Foote, for plaintiffs.

Sewall W. Abbott, for defendant.

PARSONS, C. J. The inhabitants of a town are not parties in highway proceedings. Landaffs Petition, 34 N.H. 163, 172. Individual taxpayers, as such, have no right to appear and be heard in opposition to the laying of a highway. They are represented by the town, the aggregation of all the taxpayers, voters, and citizens who reside therein. Burnham v. Goffstown, 50 N.H. 560, 562, 563. "Towns are given no right of appeal from the decision of the selectmen. The presumption is that no injustice will be done them by the action of their own citizens, equally interested with other citizens in preventing unnecessary burdens. They have the power to discontinue the road at any time." Carpenter's Petition, 67 N.H. 574, 32 Atl. 773; Eames' Petition, 16 N.H. 443, 448. As the right of appeal is not given to "any person," or to "any taxpayer," or to "any citizen," but only to "any person aggrieved" (Pub. St. c. 68, § 2), it must be understood that the Legislature intended to give this right to those persons only who were interested in or affected by the proceedings in some manner differently from the public, citizens, and taxpayers generally. Hex v. Essex, 5 B. & C. 432. The extent or character of an interest or injury sufficient to constitute one a person aggrieved, by differentiation from taxpayers and citizens generally, is a question not raised. The plaintiffs have alleged nothing distinguishing their right and interest from that of other citizens and taxpayers. Generally, it may be said that one cannot be legally aggrieved by a decision unless he has some private right which is affected thereby. Rex v. Dewsnap, 16 East, 194, 196; Rex v. Middlesex, 3 B. & Ad. 938; Bryant v. Allen, 6 N.H. 116, 118; Clark v. Courser, 29 N.H. 170; Shirley v. Healds, 34 N.H. 407, 411; McIntire v. Mcintire, 64 N.H. 609, 15 Atl. 218; Wiggin v. Swett, 6 Mete. 194, 197, 39 Am. Dec. 716; Lawless v. Reagan, 128 Mass. 592, 593; Chandler v. Commissioners, 141 Mass. 208, 5 N. E. 509...