Littleton v. Berlin Mills Co.
Supreme Court of New Hampshire
Petition, by tbe town of Littleton, for the assessment of damages for land and other property taken for a reservoir and pipe line for water-works, under chapter 255, Laws 1903; and Trespass quare clausum, by the defendants in tbe first suit, against Loring N. Farnham, who justifies as the agent and servant of the town. Transferred from the November term, 1903, of tbe superior court by Wallace, C. J.
1Opinion of the CourtParsons, C. J.
The plaintiffs in tbe first case, tbe town of Littleton, allege tbat tbey have appropriated for tbe purposes of the public water system which tbey have been authorized to construct (Laws 1903, c. 255) two tracts of land specifically described in tbe bill; tbat at the time of their appropriation of tbe same the owners were unknown; and tbat since ascertaining tbat the defendants, the Berlin Mills Company, owned the same, they have been unable to agree with them upon tbe damages to be paid therefor. The prayer of the bill is that the property and rights of the defendants taken for the purposes…
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