State v. Bradbury
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Cutting, J., presiding. Indictment, for a nuisance by erecting and maintaining & building upon a common highway and public road in the town of Oldtown.
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On Exceptions from Nisi Prius, Cutting, J., presiding. Indictment, for a nuisance by erecting and maintaining & building upon a common highway and public road in the town of Oldtown. The evidence tended to prove a dedication of the way in 1832, but it was not made or used until 1836. It appeared that at different times up to 1847, certain persons acting as surveyors of highways, in the same district, had declined working on the way, and had been so directed by the selectmen, denying that it was a town road. There was evidence tending to prove that persons purporting to act as surveyors, had…
1Opinion of the CourtAppleton, J.
The defendant was indicted for a nuisance, by erecting or maintaining a building upon a common highway and public road, in the town of Gldtown. By R. S., c. 1, § 3, R. 6, “the word highway may be construed to include county bridges, and as equivalent to county road or county way.” The origin of the road in dispute is shown to have been by dedication of the owner and for private purposes. If it be regarded as either a private or town way, it is not a highway within the meaning of the term, and the government, in such case, will have failed to sustain the allegation in the indictment, that it…
2Cases cited1 opinion
- Curtiss v. HoytSupreme Court of Connecticut · 1848
3Cited by5 opinions
- Harrington v. ManchesterSupreme Court of New Hampshire · 1912
- Lightcap v. Town of North JudsonIndiana Supreme Court · 1900
- Trustees of Jordan v. OtisNew York Supreme Court · 1862
- Grow v. TaylorNorth Dakota Supreme Court · 1912
- Town of Virginia Beach v. OgleSupreme Court of Virginia · 1917