Amoskeag Manufacturing Co. v. Head
Supreme Court of New Hampshire
Erom Merrimack Circuit Court. This is a petition for the assessment of the defendant’s land damages, under chapter 20 of the laws of 1868, entitled “An act to encourage manufactures.”
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Erom Merrimack Circuit Court. This is a petition for the assessment of the defendant’s land damages, under chapter 20 of the laws of 1868, entitled “An act to encourage manufactures.” The petition states, among other things, “ That said Amoskeag Manufacturing Company, under the authority so granted, have purchased the land on both sides of Merrimack river at Amoskeag falls, and including the river and falls, and have there erected mills, dug canals, and established works, at a cost of several millions of dollars, and have encouraged others to also erect mills and works at an expenditure of…
1Concurrence
I do not propose to enter into a discussion of the important doctrines involved in this case. In my opinion, the cases of Ash v. Cummings, 50 N.H. 591, and Company v. Fernald, 47 N.H. 444, settle the question of the constitutionality of the flowage act, approved July 3, 1868, if construed in accordance with the doctrine of Ash v. Cummings.
The demurrer must be overruled.
2Cases cited2 opinions
- Great Falls Manufacturing Co. v. FernaldSupreme Court of New Hampshire · 1867
- Ash v. CummingsSupreme Court of New Hampshire · 1872