Guthrie v. Town of New Haven
Supreme Court of Connecticut
Action on the case by husband and wife, for an injury to the wife from a defect in a public highway which it was claimed that the defendants were bound to keep in repair.
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Action on the case by husband and wife, for an injury to the wife from a defect in a public highway which it was claimed that the defendants were bound to keep in repair. The case was tried to the jury in the superior court, on the general issue, before Me Curdy, J. Upon the trial it was agreed that the road described in the declaration, on which the injury complained of occurred, was at the time when the injury occurred a public highway, by dedication to and acceptance by the public, and the only question on this part of the case was, whether it had been so dedicated and accepted as to…
1Opinion of the CourtButler, J.
The donation or dedication of land by the owner for the purpose of a highway, may ordinarily be determined by his declarations and conduct with reasonable certainty ; but the question, what shall be sufficient proof of the *321acceptance by the unorganized public, who can not as a whole or by a majority expressly accept, is not without difficulty. In some of the states the power to accept has been conferred by special statute upon the local corporations who are charged with the burden of constructing and maintaining the necessary highways within their limits. In other states a like result has…
2Cases cited1 opinion
- Green v. Town of CanaanSupreme Court of Connecticut · 1860
3Cited by21 opinions
- Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
- Riley v. BuchananCourt of Appeals of Kentucky · 1903
- Phillips v. City of StamfordSupreme Court of Connecticut · 1908
- LaChappelle v. Borough of Jewett CitySupreme Court of Connecticut · 1936
- Town of Kent v. PrattSupreme Court of Connecticut · 1901
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