34 A. 742 | N.H. | 1894
"If no sufficient objection is made, all petitions relating to highways shall be referred to the county commissioners." P. S., c. 68, s. 5. If, upon a trial of the issue raised by the answer, it should be found that the new highway is laid over an old one, the finding would be a sufficient objection to sending the petition to the commissioners. The plaintiff's would be entitled to no damages (Pierce v. Somersworth,
Case discharged.
All concurred.