Town of Wolcott v. Pond
Supreme Court of Connecticut
IN ERROR. This was a petition for a highway lying wholly in the town of Wolcott; brought to the county court, November term, 1847, by Moses Pond and others, against that town. It was averred in the petition, that common convenience and necessity required, that the highway should be laid out and constructed ; that the petitioners had frequently requested the select-men to lay out and construct the same; and that they had, at all times, neglected and refused so to do.
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IN ERROR. This was a petition for a highway lying wholly in the town of Wolcott; brought to the county court, November term, 1847, by Moses Pond and others, against that town. It was averred in the petition, that common convenience and necessity required, that the highway should be laid out and constructed ; that the petitioners had frequently requested the select-men to lay out and construct the same; and that they had, at all times, neglected and refused so to do. The respondents having been cited to appear, filed their answer to the petition, stating that it was not true, that the…
1Opinion of the CourtStorrs, J.
The “ Act relating to Highways and Bridges,” under which the proceeding now in question took place, prescribes, in the 11th section, that the select-men of the respective towns, or the major part of them, may lay out such public or private ways, as they shall judge needful, within their respective towns, after first giving reasonable notice to the owners of the land, through which the same are to be laid out, &c.; and, after providing by whom the damages done to such persons, by the laying-out of the road, shall be paid, and how such damages shall be ascertained, declares, that “ a survey in…
2Cited by17 opinions
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- Barron v. KennedyCalifornia Supreme Court · 1861
- Town of Old Saybrook v. Public Utilities CommissionSupreme Court of Connecticut · 1924
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