State v. Wilkinson
Supreme Court of Vermont
This was an indictment for erecting a building on a place called the square in the village of St. Albans. The bill contained two' counts.
Read the full summary
This was an indictment for erecting a building on a place called the square in the village of St. Albans. The bill contained two' counts. The first alleged, “ That the respondent,on the 28th day ofMay,1828,with force and arms, at St. Albans, aforesaid, did, unlawfully and injuriously, in, and upon,a certain, public square, and in the common highway, there called the public square, situate in the village of St. Albans, in the county of Franklin, lying east of, and adjoining, the stage road leading through the village of St. Albans, put, place, and set up, and cause to be put, placed, and set…
1Opinion of the CourtPbentiss, J.
pronounced the opinion of the court. — It appears to be a well established doctrine of the common law, that a highway may be created by dedication of it to the public by the owner of the soil, and the use of it by the public as such ; and in such case, the public acquire a right or easement, which the owner cannot lawfully interrupt, though the soil and freehold remain in him. (Lade vs. Shepard, 2 Stra. 1004.) The principle is, that if the way is of public convenience, and has been used by the public without interruption, a presumption arises of their right, and a dedication of it to them by…
2Cited by20 opinions
- United States v. DoughertyCourt of Appeals for the D.C. Circuit · 1972
- Carter v. City of PortlandOregon Supreme Court · 1873
- State v. BurpeeSupreme Court of Vermont · 1892
- Abbott v. MillsSupreme Court of Vermont · 1831
- Stein v. BurdenSupreme Court of Alabama · 1854
15 more not listed; retrieve them via the Exa API.