Brown v. Brown
Supreme Court of New Hampshire
Trespass, by Moses Brown against Parker Brown, for breaking and entering the plaintiff’s close, between January 1,1869, and the date of the writ, March 13, 1869, and breaking down his fences, &c.
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Trespass, by Moses Brown against Parker Brown, for breaking and entering the plaintiff’s close, between January 1,1869, and the date of the writ, March 13, 1869, and breaking down his fences, &c. The defendant pleaded the general issue, and also that at the times when, &c., there was a highway over and across the plaintiff’s close upon which all the inhabitants of the State had the right to pass, subject to gates or bars to be maintained by the defendant and others ; and that the defendant, being of this State, did pass and repass over and along said highway, as he lawfully might, and that he…
1Opinion of the CourtFoster, J.
In the establishment of highways within*any town, the selectmen derive their authority and powers wholly from the statute. Pritchard v. Atkinson, 3 N. H. 335.
The statutes provide — Gren. Stats., ch. 61, § 1 — that selectmen, on petition, may lay out any new highway within their town for which there shall be occasion, either for the accommodation of the public or of the person applying. And by the twelfth section of the same chapter it is enacted, that “ any highway for the accommodation of an individual may be laid out, subject to such gates or bars across the same as may be expedient, to be…
2Cases cited1 opinion
- Overly's v. Overly's DeviseesCourt of Appeals of Kentucky · 1858
3Cited by5 opinions
- Scudder v. HartNew Mexico Supreme Court · 1941
- King v. Town of LymeSupreme Court of New Hampshire · 1985
- Glick v. Town of OssipeeSupreme Court of New Hampshire · 1988
- Underwood v. BaileySupreme Court of New Hampshire · 1875
- Underwood v. BaileySupreme Court of New Hampshire · 1875