Smith v. Town of Derby

Plaintiffs, Bruce and Pauline Smith, appeal from a decision of the Orleans Superior Court holding that a bridge to plaintiffs’ property and home had not become a town road by virtue of dedication and acceptance. Plaintiffs appeal, arguing that as a matter of law, the Town of Derby has accepted the bridge as *554a public road, and that the trial court relied on erroneous factors in reaching a contrary conclusion. We affirm.

The bridge in question spans the Johns River and allows automobile access only to plaintiffs’ property. It was built in the 1950’s, but the court was unable to find who built…