Stowe v. Town of Newborn

The Town of Newborn was proceeding to condemn certain land of Mrs. S. I. Stowe, for the purpose of laying out and opening a public street. Mrs. Stowe sought to enjoin the municipality from condemning her property, upon the ground that it did *422not possess, under its charter, the power of eminent domain, so as to authorize it to open up a street across her property without her consent. Section 15 of the charter of that town provides: “That said mayor and council shall have power to lay out, open, and abolish streets and alleys of said town, extend and change the same as the public interest may…