Beardslee v. French
Supreme Court of Connecticut
This was an action of trespass quare clausum fregrt, alleging the throwing down and the removing of the plaintiff’s posts and bars ; tried at Fairfield, December term, 1826, before Peters, J. On the trial, on the general issue, the plaintiff proved the acts complained of in his declaration.
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This was an action of trespass quare clausum fregrt, alleging the throwing down and the removing of the plaintiff’s posts and bars ; tried at Fairfield, December term, 1826, before Peters, J. On the trial, on the general issue, the plaintiff proved the acts complained of in his declaration. The defendant justified, on the ground that there was a public highway, leading from the Rocky-Hill road through the plaintiff’s close to a lot called the Hubbell land ; and that said posts and bars were across and upon such highway. To prove that there was such a highway, the defendant offered in evidence…
1Opinion of the Court
Hosmer, Ch. J
1. From the survey received in evidence, it appeared, that the supposed highway was a line, extending in length, but without breadth, or any limits bounding its surface. A highway, which is a public right of passage over another man’s ground, like a grant from an individual, must be defined with reasonable certainty The public must have the means of knowing how far they may travel, without becoming trespassers, and the individual, to what extent his land may be occupied by others. But in the survey above mentioned, there are no limits to the rights of passage, nor to the…
2Cases cited1 opinion
- Hepburn & Dundas v. AuldSupreme Court of the United States · 1809
3Cited by22 opinions
- Campbell v. City of KansasSupreme Court of Missouri · 1890
- Cyr v. Town of BrookfieldSupreme Court of Connecticut · 1965
- Weber v. City of Iowa CitySupreme Court of Iowa · 1903
- Bayard v. Standard Oil Co.Oregon Supreme Court · 1901
- City of Hartford v. New York & New England RailroadSupreme Court of Connecticut · 1890
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