Brownell v. Palmer
Supreme Court of Connecticut
This was an action of trespass, qu. cl.fr., brought by Edward P. Brownell, against William Palmer, Jr., Charles W. Lay, Ezra T. Jones and Elijah C. Warner. The defendants general issue, with notice, that they should prove certain facts, as a justification.
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This was an action of trespass, qu. cl.fr., brought by Edward P. Brownell, against William Palmer, Jr., Charles W. Lay, Ezra T. Jones and Elijah C. Warner. The defendants general issue, with notice, that they should prove certain facts, as a justification. The cause was tried at Haddam, March term, 1851. Upon the trial, the plaintiff introduced evidence to prove» that, at the time of the commission of the trespasses complained of, he was, and for more than twenty years previous thereto, had been, in the possession of the premises described in his declaration, and that the defendants, on the…
1Opinion of the CourtHinman, J.
The defendants, selectmen of the town of East Haddam, did the acts complained of in the declaration, for the purpose, as they claimed, of repairing one of the *117highways of that town; and the case turned upon the question, whether the locus in quo wras highway, or whether it was the unincumbered estate of the plaintiff. Anciently, there had been a highway there, but it had not been in use, as such, at any time since 1823; and the plaintiff claimed it was discontinued, by the selectmen in 1825, and the discontinuance approved by the town, at an adjourned town-meeting in November of that year. On…
2Cases cited1 opinion
- Gray v. GardnerMassachusetts Supreme Judicial Court · 1807
3Cited by13 opinions
- Bloomfield v. Charter Oak BankSupreme Court of the United States · 1887
- Schomer v. ShilepskySupreme Court of Connecticut · 1975
- Ingham v. BrooksSupreme Court of Connecticut · 1920
- Cleary v. Zoning BoardSupreme Court of Connecticut · 1966
- Coakley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
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