Legal Opinion

Green v. Town of Canaan

Supreme Court of Connecticut

Decided April 15, 1860PublishedCited by 26 opinions

Action upon the statute, to recover for an injury sustained by reason of a defect in a highway. The defendants denied that the road in question was a public highway. On the trial to the jury, on the general issue, the plaintiff introduced evidence -to prove that the road in question was a highway by dedication, and did not claim that it had become a highway in any other manner.

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Action upon the statute, to recover for an injury sustained by reason of a defect in a highway. The defendants denied that the road in question was a public highway. On the trial to the jury, on the general issue, the plaintiff introduced evidence -to prove that the road in question was a highway by dedication, and did not claim that it had become a highway in any other manner. The defendants offered evidence to prove that the road led from an arch under the track of the Housatonic railroad to the depot of the railroad company at Falls Tillage in the town of Canaan, that it was constructed by…

1Opinion of the CourtHinman, J.

We have seen nothing in the rulings of the superior court in this case that should entitle the defendants to a new trial. Some apprehension that the jury may have found for the plaintiff, and thus found that there was a public highway at the place of the accident, on evidence not quite sufficient for the purpose, has induced a more careful examination of the case than would otherwise have seemed necessary. But if there was any occasion for such apprehension, it is quite obvious that, on this motion, we can not correct the mistake. *163And as this is not a motion for a new trial for a verdict…

2Cases cited5 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Noyes v. WardSupreme Court of Connecticut · 1848
  3. Badeau v. MeadNew York Supreme Court · 1852
  4. Page v. Town of WeathersfieldSupreme Court of Vermont · 1841
  5. Blodget v. Town of RoyaltonSupreme Court of Vermont · 1842

3Cited by26 opinions

  1. Adams v. Iron Cliffs Co.Michigan Supreme Court · 1889
  2. City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
  3. Union Transportation Co. v. Sacramento CountyCalifornia Supreme Court · 1954
  4. Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
  5. Riley v. BuchananCourt of Appeals of Kentucky · 1903

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