Robinson v. Winch
Supreme Court of Vermont
Trespass quare clausit,m. Pleas, the general issue, and that the trespasses complained of were done in the construction of a public highway. Trial by court at the March term, 1893, Washington county, Taft, J., presiding. Judgment for the defendant. The plaintiff excepts. The facts appear in the opinion. The survey of the highway was insufficient, in that no-permanent monuments are referred to.
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Trespass quare clausit,m. Pleas, the general issue, and that the trespasses complained of were done in the construction of a public highway. Trial by court at the March term, 1893, Washington county, Taft, J., presiding. Judgment for the defendant. The plaintiff excepts. The facts appear in the opinion. The survey of the highway was insufficient, in that no-permanent monuments are referred to. State v. Lincoln, 33 Vt. 653 ; Wilson v. City of Lynn, 119 Mass. 174. The action of the selectmen in laying out the highway is in the nature of a judgment which cannot be attacked collaterally. States.…
1Opinion of the CourtStart, J.
The defendant, as one of the board of selectmen of the town of Barre, entered upon the plaintiff’s land for the purpose of laying out a highway. The selectmen laid out a highway over the plaintiff’s land, and the defendant subsequently entered upon the land over which the highway was laid and built the highway.
It does not affirmatively appear that the selectmen notified *112the plaintiff of the time when, or the place where, they would hear him upon the question of whether the public good or convenience of individuals required such highway; but it does appear from the record that they heard “ all…
2Cases cited6 opinions
- Kidder v. JennisonSupreme Court of Vermont · 1849
- Brock v. Town of BarnetSupreme Court of Vermont · 1884
- Patchin v. DoolittleSupreme Court of Vermont · 1831
- Slicer v. Town of Hyde ParkSupreme Court of Vermont · 1882
- Haynes v. LassellSupreme Court of Vermont · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ferraro v. EarleSupreme Court of Vermont · 1933
- Barber v. VintonSupreme Court of Vermont · 1909
- Skinner v. BuchananSupreme Court of Vermont · 1928
- Commonwealth v. Pardee Bros.Supreme Court of Pennsylvania · 1932
- Federal Land Bank v. Flanders Et Ux.Supreme Court of Vermont · 1933
1 more not listed; retrieve them via the Exa API.