Watrous v. Southworth
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit ; tried at Middletown, February term, 1823, before Hosmer, Ch. J. The plaintiff owned a farm of land, with a dwelling-house on it, in which he and his family lived, lying on the East side of a highway leading from the South line of Haddam to the head of Chester cove in Saybrook. This highway was, originally, sixteen rods wide.
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This was an action of trespass quare clausum fregit ; tried at Middletown, February term, 1823, before Hosmer, Ch. J. The plaintiff owned a farm of land, with a dwelling-house on it, in which he and his family lived, lying on the East side of a highway leading from the South line of Haddam to the head of Chester cove in Saybrook. This highway was, originally, sixteen rods wide. About twenty-six years ago, the plaintiff set out a row of locust trees in the highway, in front of his house and farm, extending 100 rods in length upon a line parallel to, and at the distance of five rods from the…
1Opinion of the Court
Hosmer, Ch. J.
The first question in the case, is, whether the evidence was legally rejected. The defendant offered in proof the report of a committee, certified from the records of the town of Saybrook, and made as far back as the year 1713 ; which report had never been accepted, by the town. The testimony offered, with legal propriety, was repelled. The town, at the date of the report, and long after, had no authority to lay out highways ; and had they possessed it, they never accepted the report. It follows, that the supposed highway was not the act of the town, but an incipient step…
2Cases cited3 opinions
- Peck v. SmithSupreme Court of Connecticut · 1814
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- Stiles v. CurtisSupreme Court of Connecticut · 1810
3Cited by18 opinions
- Haberman v. . BakerNew York Court of Appeals · 1891
- Taylor v. ArmstrongSupreme Court of Arkansas · 1863
- Neil v. Independent Realty Co.Supreme Court of Missouri · 1927
- In re RobbinsSupreme Court of Minnesota · 1885
- Town of Chatham v. BrainerdSupreme Court of Connecticut · 1835
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