Closson v. Hamblet
Supreme Court of Vermont
Straightening and discontinuing of highways. Trespass for breaking and entering the plaintiff’s close. Plea, the general issue, and notice; trial by jury, March Term, 1854, — ■ Poland, J., presiding.
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Straightening and discontinuing of highways. Trespass for breaking and entering the plaintiff’s close. Plea, the general issue, and notice; trial by jury, March Term, 1854, — ■ Poland, J., presiding. The plaintiff was the owner of a farm in Worcester, which was crossed by a public highway, in a circuitous manner; in May, 1851, the selectmen of Worcester made a contract with him to have said highway across his farm straightened; and, they also made a contract with the plaintiff to build said piece of new road, for which he was to receive ten dollars, and the privilege of fencing up the old…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. The first question made in the case is, as to the effect of straightening a highway, by the selectmen of a town, with the consent of the land-owner. The 7th and 8th sections of chapter 22 of the Compiled Statutes seem to imply that the selectmen shall have power to resurvey highways, in the condition of this very road, when the original survey is not recorded, or to widen old highways. And this implies the right to straighten the road. And, if the alteration supersedes the necessity of the use of any portion of the old road, it is…
2Cases cited1 opinion
- Battey v. Town of DuxburySupreme Court of Vermont · 1851
3Cited by4 opinions
- Peck v. Baltimore CountyCourt of Appeals of Maryland · 1979
- Jenkins v. RiggsCourt of Appeals of Maryland · 1905
- Britton v. MorrisSupreme Court of Oklahoma · 1916
- City of Montpelier v. BennettSupreme Court of Vermont · 1956