Tomlinson v. Leavenworth
Supreme Court of Connecticut
11ST ERROR. TS1.Í& was an action on the statute « to prevent encroach-meals on h i¡chw(njs,* (a) brouglii by Leave incur Hi and others, as select-men of the town of Huntington, against Tomlinson, s ⅛ before Mel French, Esq. si justice of the peace for Fairjield county.
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11ST ERROR. TS1.Í& was an action on the statute « to prevent encroach-meals on h i¡chw(njs,* (a) brouglii by Leave incur Hi and others, as select-men of the town of Huntington, against Tomlinson, s ⅛ before Mel French, Esq. si justice of the peace for Fairjield county. The declaration alleged, that the defendant, on the ¡5th of May, 1817, erected a fence on and across a certain public highway leading from Zoar bridge, a bridge across Omatannick river, to the centre of *S'ew-Stratford in said Huntington, near the defendant’s dwelling house in said Huntington, so as to enclose and take into the…
1Opinion of the Court
Swift, Ch. J.
The question is, whether the justice of the peace w as interested ; and this depends upon the question whether the town had any interest in the matter in dispute.
It appears by our statute laws, that towns are obliged to defray the expense of laying out roads ; to appoint surveyors to keep them in repair : and to authorise the select-mcn to lay the town into districts. When a highway, which it is the duty of a town to maintain and repair, shall not be kept in good and sufficient repair, the county court, on com*294plaint made, may order necessary repairs, and grant a warrant against…
2Cited by3 opinions
- Sterling v. PeetSupreme Court of Connecticut · 1841
- Pinney v. BrownSupreme Court of Connecticut · 1891
- Spencer v. ChampionSupreme Court of Connecticut · 1838