TRACY v. SURRY

No. 4670.

101 N.H. 438 (1958)

MARY W. TRACY v. SURRY.

Supreme Court of New Hampshire.

Decided November 28, 1958.


Attorney(s) appearing for the Case

Faulkner, Plaut & Hanna (Mr. Hanna orally), for the plaintiff.

Howard B. Lane for the defendant.

Homer S. Bradley for the town of Surry, furnished no brief.


BLANDIN, J.

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...

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