Bumpus v. Miller

By the Court,

Bacon, J.

This was an action of trespass guare clausum fregii, and was commenced in the month of June, 1855. The defendants were Commissioners of Highways of the township of Yan Burén, in the County of Wayne, and justified their acts as such under a special notice given with the plea of the general issue.

The only point in dispute, and the only question to be decided by this Court is : was there a public highway at the place where the alleged trespass.was committed?

The facts are these : There was a traveled road along the route in question, which had been used as a public highway…