Hankins v. Calloway

This was an action of trespass, for removing a fence on one line of appellant’s land. It was set up, in justification, that the act complained of was done in the opening of a public highway which had been laid out upon the land by direction of one of the appellees, who was a commissioner of highways of the town in which the land is situated.

A trial by the court, without a jury, resulted in a judgment for the defendants. The plaintiff appealed to this court.

The questions presented upon the record are but a single one as to the legality of the road, and others as to the validity of the…