Jarvis v. Claremont

It is the contention of the defendant that it is not liable in this action because its agents “proceeded in accordance with Chapter 77 of the Public Statutes in taking, removing and selling the wood.” Section 1 of the statute above referred to, now to be found in P. L., c. 92, provides that “if any timber, lumber, stone or other thing is upon a highway, encumbering it, the highway surveyor . . . may immediately remove the encumbrance, and hold the same in his possession until the costs of such removal are paid.” Sections 2 and 3 provide that if the owner shall pay the cost of removal, the…