Legal Opinion

Pierce v. Town of Southbury

Supreme Court of Connecticut

Decided February 15, 1861PublishedCited by 3 opinions

Petition for a highway. The part of the petition descriptive of the highway prayed for was as follows:— “ That the highway called the East and West Road, leading from Shepang Bridge, near the residence of Joseph Hawley in said Southbury, to the Mulberry Four Corners, is rough and hilly, and most of the way impassable for teams, thereby subjecting the inhabitants of the west part of said Soutlibqry and of Bridgewater to great inconvenience in traveling tq and from Southbury…

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Petition for a highway. The part of the petition descriptive of the highway prayed for was as follows:— “ That the highway called the East and West Road, leading from Shepang Bridge, near the residence of Joseph Hawley in said Southbury, to the Mulberry Four Corners, is rough and hilly, and most of the way impassable for teams, thereby subjecting the inhabitants of the west part of said Soutlibqry and of Bridgewater to great inconvenience in traveling tq and from Southbury Centre, and to the main thoroughfare to New Haven ; and that the highway leading from the Mulberry Four Corners south to…

1Opinion of the CourtSanford, J.

This judgment is claimed to be erroneous because the committee have not found any allegation in the petition proved or true; because they do not find that the highway prayed for or any part of it will be, or that they are of opinion that it will be, of common convenience and necessity ; and because it does not appear that the highway laid out is the highway, or any part of the highway, prayed for in the petition.

We think that all of these objections to the judgment are unfounded. No claim is made that the allegations in the petition are insufficient to give the court jurisdiction, or to…

2Cases cited3 opinions

  1. Town of Plainfield v. PackerSupreme Court of Connecticut · 1836
  2. Inhabitants of Windsor v. FieldSupreme Court of Connecticut · 1814
  3. Lockwood v. GregorySupreme Court of Connecticut · 1810

3Cited by3 opinions

  1. Perkins v. Town of ColebrookSupreme Court of Connecticut · 1896
  2. Clark v. Town of MiddleburySupreme Court of Connecticut · 1879
  3. West Road Associates v. Blaschik, No. 54445 (May 7, 1992)Connecticut Superior Court · 1992

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