Tracy v. Surry

Since there is no claim of fraud, the first issue which we shall consider is whether the commissioners made a “gross mistake” within the meaning of RSA 234:39 in their determination that a public need existed for the establishment of the road. Underwood v. Bailey, 59 N. H. 480; Thompson v. Company, 78 N. H. 433, 436. Without detailing the evidence, it appears there was testimony that the road would be of value in fire fighting, that it would be used by the selectmen in getting to the property for the purpose of assessing it, that the power company would use it in reaching their lines, and…