Patchin v. Doolittle
Supreme Court of Vermont
This was an action of trespass, for breaking and entering the plaintiff’s close in Bennington, treading down the grass, and injuring the soil.
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This was an action of trespass, for breaking and entering the plaintiff’s close in Bennington, treading down the grass, and injuring the soil. The defendants pleaded in bar an application to the select men to lay out a public highway; their refusal; an application to the road commissioners, who also refused, till the petitioners had given a bond to the town, securing them against any expense in making the road ; that this bond was given, and the road laid out three rods wide, and the survey regularly recorded, with the order of the road commissioners, that the road be made and opened within…
1Opinion of the Court
Hutchinson, C. J.,
pronounced the opinion of the Court.— In the argument of the demurrer to this plea, which is the defendant’s third plea, no question is made but that this road was regularly laid, and liable to be opened, at some time, by the select men of the town. Yet it is objected, that no persons had a right to enter the plaintiff’s inclosure and make the road, till the same was opened by the select men, in the way pointed out by statute ; to wit, by their causing a certificate, that it is thus opened, to be recorded in the town clerk’s office. We think this objection not well founded.…
2Cited by4 opinions
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- Austin v. Town of MiddlesexSupreme Court of Vermont · 2009
- Robinson v. WinchSupreme Court of Vermont · 1893
- Steven Daiello v. Town of Vernon v. Dale A. Merritt and Brenda MerrittSupreme Court of Vermont · 2022