Town of Dorset v. Fausett

The defendant appeals from a judgment of the Bennington Superior Court ordering him to remove portions of his private wall which it found to be within a public highway. In addition to the order of removal, the defendant was permanently enjoined from further obstructing the highway right-of-way. The plaintiff, by cross appeal, challenges so much of the judgment as compels it to pay to the defendant damages for the value of the wall to be removed. Both parties, in argument before us, have conceded that this issue was not raised by the pleadings; damages were not requested by the defendant, and…