Peck v. Smith
Supreme Court of Connecticut
THIS was an action of trespass, alleging that the plaintiff being seised and possessed of a certain close or piece of land in Waterford, (describing it,) the defendant, contrary to the mind and will of the plaintiff, and without law or right, and with force and arms, entered into and upon the plaintiff's said land ; and with the like force and arms, erected upon said land one certain dram or grog shop ; and with the like force and arms, dug up, broke and destroyed the…
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THIS was an action of trespass, alleging that the plaintiff being seised and possessed of a certain close or piece of land in Waterford, (describing it,) the defendant, contrary to the mind and will of the plaintiff, and without law or right, and with force and arms, entered into and upon the plaintiff's said land ; and with the like force and arms, erected upon said land one certain dram or grog shop ; and with the like force and arms, dug up, broke and destroyed the plaintiff’s herbage, sod, turf and grass then and there standing and growing thereon, sunk and deposited therein and thereon…
1Opinion of the Court
Reeve, Ch. J.
The law of highways, if I may so express it, exhibits some singular traits of character, which are not to be found in any other subject. I flatter myself the following view of the subject, so far as it respects the law of England, will be found correct.
I apprehend that I can better convey my ideas on this subject by putting cases than in any other way.
In the first place, I will suppose that the lord of a manor (and the kingdom was once parcelled out into manors) should sell a highway through his manor, or, as doubtless was often the case, should give one, or one should be laid…
2Cited by99 opinions
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
- State v. MuoloSupreme Court of Connecticut · 1935
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Snoddy v. BolenSupreme Court of Missouri · 1894
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