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WHITE MOUNTAIN POWER CO. v. MAINE CENTRAL RAILROAD

No. 5372.

106 N.H. 443 (1965)

WHITE MOUNTAIN POWER COMPANY v. MAINE CENTRAL RAILROAD COMPANY.

Supreme Court of New Hampshire.

Decided October 5, 1965.

Attorney(s) appearing for the Case

Hall, Zellers, Morse & Gallagher (Mr. Atlee F. Zellers orally), for the plaintiff.

Scott W. Scully (of Maine) and Sulloway, Hollis, Godfrey & Soden (Mr. James B. Godfrey orally), for the defendant.

BLANDIN, J.

This is a companion case of White Mountain Power Co. v. Whitaker, 106 N.H. 436, decided this day. As to such of the facts and issues as are similar, it will not be necessary to discuss them here at length.

In substance, the defense rests its appeal upon three issues: (1) The Commission had no power to condemn the defendant's property which is already devoted to public use. (2) The necessity for routing...

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