State v. Duranleau

It is an elementary principle that it is incumbent on the State to show that violations of the motor vehicle law occur on a public “way.” R. L., c. 115, s. 1 XXXIV; State v. Michaud, 98 N. H. 356; R. L., c. 90, pt. 1, s. 1, as inserted by Laws 1945, c. 188. This burden incumbent on the State is customarily satisfied by direct proof that the highway was legally “laid out in the mode prescribed therefor by statute” (State v. Michaud, supra, or by other proof that it had been in use for public travel for twenty years. Summerfield v. Wetherell, 82 N. H. 513, 516. See Wilson v. Goodnow, 98 N. H.…