Saunders v. Townsend

Rumsey, J.:

The action was brought by plaintiff, as commissioner of highways of the town of Lawrence, to recover of the defendant the statutory penalty for obstructing a highway in that town.

But one question is raised here by the appellant which we can consider. He insists that it was not shown that the place where the obstructions were placed was a public highway.

The alleged highway led from a public highway to a mill pond. The evidence of the plaintiff tended to show that it had been used as a highway for over twenty years, and that it had been worked ’ under the direction of the overseer of…