Underwood v. Bailey

Foster, J. This case is determined by the report of the commissioners that the highway “ is for the sole accommodation and *481 benefit of the defendant, and not for the accommodation of the public.” It is settled beyond all controversy that “ individual property can be compulsorily appropriated by the public only for public use.” Dillon Mun. Corp., s. 460; Cooley Const. Lim. 530. “ The appellant cannot be deprived of his property except for a public purpose.” Cushing, C. J., in Underwood v. Bailey, 56 N. H. 187, 190. Petition dismissed. Stanley, J., did not sit: the others concurred.