Blakeslee v. Tyler
Supreme Court of Connecticut
Qtrr tam action’ to recover a penalty for placing an obstruction upon a public highway, brought under Gen. Statutes, p. 258, sec. 1. The action came, by appeal from the judgment of a justice of the peace, to the Court of Common Pleas in New Haven County, and was tried to the court before Pickett, J. The following facts were found by the court: A long, high range of hills in the town of North Bran-ford, known as Totoket Mountain, runs northerly and southerly between the…
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Qtrr tam action’ to recover a penalty for placing an obstruction upon a public highway, brought under Gen. Statutes, p. 258, sec. 1. The action came, by appeal from the judgment of a justice of the peace, to the Court of Common Pleas in New Haven County, and was tried to the court before Pickett, J. The following facts were found by the court: A long, high range of hills in the town of North Bran-ford, known as Totoket Mountain, runs northerly and southerly between the societies of Northford and North Branford, Northford being on the westerly and North Bran-ford on the easterly side of the…
1Opinion of the CourtBeardsley, J.
This is a qui tam action, brought upon the statute against nuisances. The statute is as follows:— “ If any person shall place, or suffer to remain, anything in a highway, or dig up the ground therein, by which the passage of travelers shall be obstructed or endangered, or the highway be incumbered, the same shall be deemed a common nuisance,” etc. Gen. Statutes, p. 253, § 1.
It was admitted that the defendant obstructed the way in question by placing bars across it, but the parties were at issue upon the question whether such way was a highway within the meaning of the statute quoted. The…
2Cases cited2 opinions
- Townsend v. HoyleSupreme Court of Connecticut · 1849
- Town of Whitingham v. BowenSupreme Court of Vermont · 1850
3Cited by3 opinions
- Greist v. AmrhynSupreme Court of Connecticut · 1907
- Aerotec Corp. v. Town of GreenwichSupreme Court of Connecticut · 1951
- Brown v. NovakConnecticut Superior Court · 1950