Town of Whitingham v. Bowen
Supreme Court of Vermont
Petition for a writ of certiorari. Bowen and others, the petitionees, had preferred their petition to the county court, that that court would cause to be surveyed and laid out a public highway in the town of Whitingham. Commissioners were appointed, who reported, that a pent road should be laid out. And the county court, April Term, 1849, accepted the report, and ordered a pent road to be established and constructed.
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Petition for a writ of certiorari. Bowen and others, the petitionees, had preferred their petition to the county court, that that court would cause to be surveyed and laid out a public highway in the town of Whitingham. Commissioners were appointed, who reported, that a pent road should be laid out. And the county court, April Term, 1849, accepted the report, and ordered a pent road to be established and constructed. And the town now insisted, that, under a petition to lay out a highway, the county court had no authority to lay out a pent road.
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question in this case is, whether a pent road is to be construed to be a highway, within the meaning of the Revised Statutes. By the Rev. St., chap. 20, sec. 3, it is provided, *318that “ the selectmen may also lay out cross roads, or lanes, as pent roads.” Section five provides, that “ all cross roads, or lanes, shall be deemed highways.” This evidently shows, that, in terms, the legislature have made pent roads highways ; and we think such was their intention. This statute was revised long after the decision of Warren v. Bunnell, 11…
2Cases cited1 opinion
- Warren v. BunnellSupreme Court of Vermont · 1839
3Cited by5 opinions
- Williams v. School District No. 6Supreme Court of Vermont · 1860
- Wolcott v. WhitcombSupreme Court of Vermont · 1867
- French v. HoltSupreme Court of Vermont · 1881
- Blakeslee v. TylerSupreme Court of Connecticut · 1887
- Loveland v. Town of BerlinSupreme Court of Vermont · 1854