Supreme Court of New Hampshire March 20, 1876 (Amoskeag Manufacturing Co. v. Head)

lead-opinion

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.