Patchen v. Morrison
Supreme Court of Vermont
This was an action of trespass quare clausum fregit, wherein the plaintiff complained that the defendant, with force and arms, on the 2d day of December, 1828, broke and entered the plaintiff's close, situated in Bennington, and then and there broke down and destroyed the fence of the plaintiff, enclosing and surrounding said close.
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This was an action of trespass quare clausum fregit, wherein the plaintiff complained that the defendant, with force and arms, on the 2d day of December, 1828, broke and entered the plaintiff's close, situated in Bennington, and then and there broke down and destroyed the fence of the plaintiff, enclosing and surrounding said close. The defendant pleaded first, the general issue, and secondly, in justification, “ That before, and at the time of committing tHe trespass in the declaration mentioned, there was, and of right ought to have been, a certain common and public highway into, through,…
1Opinion of the Court
Williams, J.,
delivered the opinion of the Court. — The point which is presented in this case for consideration is one of considerable practical importance. When a road islaid through the lands of one of our citizens, it is necessary that he should be enabled to know when his dominion over the soil ceases, when he is no long-*592at liberty to keep it enclosed ; and on the other hand every individual in community should be able to ascertain when a road becomes a public highway, so that he has an undoubted right to travel thereon, and may call on the-town to remunerate him for J . . any damage lie…
2Cited by3 opinions
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- French v. HoltSupreme Court of Vermont · 1881
- Escheverria v. TunbridgeVermont Superior Court · 2025