The case of Pollard v. Moore, 51 N.H. 188, may be cited as resting on the same principle. There a mill-owner, under the act of 1868 for the encouragement of manufactures, had filed his petition for the assessment of the land-owner's damages. The damages having been assessed, it was held that the petitioner could not avoid the effect of this assessment by becoming nonsuit. To the same effect is Farmington v. Copp,56 N.H. 218.
LADD, J., concurred.
Exceptions overruled.