Legal Opinion

Town of Whitingham v. Bowen

Supreme Court of Vermont

Decided February 15, 1850PublishedCited by 5 opinions

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

  1. Warren v. BunnellSupreme Court of Vermont · 1839

3Cited by5 opinions

  1. Williams v. School District No. 6Supreme Court of Vermont · 1860
  2. Wolcott v. WhitcombSupreme Court of Vermont · 1867
  3. French v. HoltSupreme Court of Vermont · 1881
  4. Blakeslee v. TylerSupreme Court of Connecticut · 1887
  5. Loveland v. Town of BerlinSupreme Court of Vermont · 1854

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