Felch v. Gilman
Supreme Court of Vermont
Trespass guare clausum fregit. Pleas, the general issue, and several pleas in bar. Trial by jury, December Term, 1848, — Poland, J., presiding.
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Trespass guare clausum fregit. Pleas, the general issue, and several pleas in bar. Trial by jury, December Term, 1848, — Poland, J., presiding. On trial the plaintiff introduced evidence tending to prove, that there was a highway across the farm on which he lived in Waterford, being the same premises described in his declaration, passing partly through woodland, and partly through cleared land, which had been worked and travelled for some eight or ten years; that in the cleared land the road was fenced on one side by a stone wall and on the other by a board fence; that in the woods the road…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This is an action of trespass quart clausum fregit. The first question presented is, can the plaintiff sustain this action against the defendants for going upon his lands to repair the highway, upon the grohnd that the selectmen of the town had not filed a certificate with the town clerk of the opening of the road. We think he cannot. This rdad was laid out in 1835; it had been fenced by the plaintiff about the same time, and he had accepted his land damages, and the town had made the road arid kept it in repair. It had been travelled by the…
2Cases cited2 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Peck v. SmithSupreme Court of Connecticut · 1814
3Cited by11 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Chicago Great Western Railroad v. KemperSupreme Court of Missouri · 1914
- Test v. LarshIndiana Supreme Court · 1881
- Baltimore, Ohio & Chicago Railroad v. JohnsonIndiana Supreme Court · 1882
- Holland v. SpellIndiana Supreme Court · 1896
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