State v. Trask
Supreme Court of Vermont
On the trial of this cause, the counsel for the state gave in evidence to the jury a copy of a deed from Jacob Hastings to Jonathan Stone, Benjamin Wait and Stephen Jacobs, of the following tenor, viz: “ Know all men by these presents, that I, Jacob Hastings, of Windsor, in the county of Windsor and state of Vermont-, husbandman, in consideration of the advantages that may thereby accrue to the said county of Windsor, and ihe town of Windsor in particular, and in the further…
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On the trial of this cause, the counsel for the state gave in evidence to the jury a copy of a deed from Jacob Hastings to Jonathan Stone, Benjamin Wait and Stephen Jacobs, of the following tenor, viz: “ Know all men by these presents, that I, Jacob Hastings, of Windsor, in the county of Windsor and state of Vermont-, husbandman, in consideration of the advantages that may thereby accrue to the said county of Windsor, and ihe town of Windsor in particular, and in the further consideration of five shillings to me in hand paid to my full content and satisfaction, by Nathan Stone, Benjamin Wait,…
1Opinion of the Court
The opinion of the court was pronounced by
Phelps, J.
— This is an indictment for a nuisance. The of-fence charged consists in the respondent’s having placed a dwelling-house upon a part of what is alleged to be a public common or highway, in the town of Windsor, and in maintaining it there to the common nuisance of the public. The act complained of is not denied. But whether the respondent has a legal right to maintain the building in the place where it is located, is the point in issue.
The prosecutor relies upon having shewn a dedication of the locus in quo to public use. For this purpose, he…
2Cited by29 opinions
- Niles v. City of Los AngelesCalifornia Supreme Court · 1899
- People v. ReedCalifornia Supreme Court · 1889
- Littler v. City of LincolnIllinois Supreme Court · 1883
- City of Chicago v. DrexelIllinois Supreme Court · 1892
- Noyes v. WardSupreme Court of Connecticut · 1848
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