3 A. 923 | N.H. | 1885
The form of the petition is supported by precedent. Some of the cases in which it has been used, without the question of its sufficiency being raised, were strenuously contested. But if it is not a statement of a controversy that can be settled in a suit of this nature, or if on any point of the public claim presented by the plaintiff it does not contain such information as he ought to give, mere precedent does not authorize an infringement of the defendant's substantive or remedial right. The mill act requires "reasonable notice to all persons interested," and provides a method, and a convenient and ample remedy, for an exercise of the public power of eminent domain, that may relieve all persons interested from other litigation on questions of title, tort, and damage. The defendant is entitled to compensation neither for damage that is not to be done (Town v. Faulkner,
The entire line of a proposed flowage is generally one that cannot be easily marked on the ground, as the bounds of a proposed railroad or other highway may be. Its most accurate and satisfactory description is often based on the height of the dam, or an altitude fixed at some other place. Town v. Faulkner,
Demurrer overruled.
CARPENTER, J., did not sit: the others concurred. *528