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…
1Opinion of the Court
FROM MERRIMACK CIRCUIT COURT. It seems to me the position of the plaintiffs, that the constitutionality of the flowage act of 1868 cannot be raised upon the demurrer, is not tenable.
It is true, the petition states that the construction of the dam is of public use; but it also states specifically, as it should, what that use is, viz., to render the water-power of Merrimack river at the Amoskeag falls available for the use of mills and works situated below, erected and to be erected for various manufacturing purposes set out in the petition.
The fact being thus before the court, I take it to be…
2Cases cited2 opinions
- Tyler v. BeacherSupreme Court of Vermont · 1871
- Great Falls Manufacturing Co. v. FernaldSupreme Court of New Hampshire · 1867