Legal Opinion

Town of Fairfield v. Morey

Supreme Court of Vermont

Decided January 15, 1872PublishedCited by 4 opinions

PETITION for Certiorari, addressed to the supreme court for the county of Franklin, January term, 1872. The facts alleged in the petition were in substance as follows, viz. : That the selectmen of the town of Fairfield, on the 5th day of May, 1870, upon due application, laid out a pent road from Edward Burke’s to Jerry Fitzgerald’s, in said Fairfield.

Read the full summary

PETITION for Certiorari, addressed to the supreme court for the county of Franklin, January term, 1872. The facts alleged in the petition were in substance as follows, viz. : That the selectmen of the town of Fairfield, on the 5th day of May, 1870, upon due application, laid out a pent road from Edward Burke’s to Jerry Fitzgerald’s, in said Fairfield. That the petitionee, William H. Morey, was the owner of the land through which said road was laid, and preferred his petition to the then next term of the county court, alleging that he was dissatisfied with the laying of said road, and desired…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This is a petition for certiorari, claiming error in the county court in awarding damages to the petitionee in a proceeding to establish a pent road through his premises in the town of Fairfield. The petitioner claims that said Morey is not entitled to damages, for the reason that the land taken for said highway had been dedicated by his grantor, and accepted by the public, and occupied publicly, as a highway, since March, 1864.

On inspection of the record, which has been certified into this court, the fact distinctly appears by the…

2Cases cited1 opinion

  1. Folsom v. Town of UnderhillSupreme Court of Vermont · 1864

3Cited by4 opinions

  1. City of Montpelier v. McMahonSupreme Court of Vermont · 1911
  2. Shaw v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1928
  3. Union Company v. PeckhamSupreme Court of Rhode Island · 1888
  4. Gerlach v. Town of ChittendenVermont Superior Court · 2025

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API