Clipped From The Portsmouth Herald

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 - Robin-ton at Went-worth of Went-worth Supreme...
Robin-ton at Went-worth of Went-worth Supreme Court Rule Favors Me.-N. H. Bridge Authority In Ham Case The New Hampshire Supreme court ruled recently in favor of the Maine-New Hampshire Interstate Bridge Authority in its litigation with the estate of the late Richard H. Ham of Portsmouth oh land seizure for the approach to the new bridge and for relocation of power lines of the N. H. Gas and Electric company. The court upheld the award, by a lower court, of $5,000 damages to the Ham estate in the case of the bridge authority vs. the Ham estate by which the authority sought condemnation proceedings. Ham Estate Access Denied In affirming that decision, the Supreme Court ruled that the Ham estate had access across the approach to land on the other side, access which the estate had denied it had on the premise that the bridge authority was a private corporation and could control the granting of the privilege of the use of the roadway, The court ruled that the section is a public highway owned by the states of Maine and New Hampshire, saying: "The act that tolls were to be charged for passing the bridge indicates no more than a method of financing the project. The authority was set up as a governmental body to carry out the public purposes. The nominal owner of the toll bridge Is the authority but the authority is not a private corporation; it is a public corporation of which the two states are the sole members, and they are the real owners in trust for public use." The court discharged a second case, brought by the Ham estate against the bridge authority and the power company seeKmg aaai tional damages on the ground that the seizure of land and resulting court battle had contributed to the death of the late Mr. Ham. At the close of the opening state ment for the plaintiff, however, the court granted the autnority a suit and ruled out the decedent's suffering, loss of health and death as elements of damage resulting from the utilities trespass. Authority Ruled Public Agent Here again the court said: "The authority is a public agency While it derives its powers and functions by a delegation of auth orlty from the legislatures of two states, this fact does not change its character and modify It into stand ing as a private corporation. Publf cly owned, controlled and conducted, it remains public." Portland to 1931

Clipped from
  1. The Portsmouth Herald,
  2. 12 Jan 1943, Tue,
  3. Page 2

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