Judd v. Challoux

This is an action in tort, brought under the provisions of P. L. 4838, to recover the penalty specified therein for wilfully removing a gate from a pent road. The jury found the defendant guilty of ten separate infractions of the statute and assessed him the maximum amount of $5. for each offense. The cause is here upon his exceptions.

The court instructed the jury that the road in question is a pent road, and the correctness of this ruling is the subject of the first exception to- be considered. The undisputed evidence showed that the road branches off the main, highway-between the Towns of…