Legal Opinion

Town of Jamaica v. Towns of Wardsboro & Townshend

Supreme Court of Vermont

Decided February 15, 1874Published

This was a petition under § 65, ch. 24, of the Gen. Sts., to compel the defendant towns to contribute to the expense of putting a certain highway in the plaintiff town, laid out by the county court, in repair. The commissioners made the following report: “ We find that the highway in question was laid out and established as set forth in said petition, and is wholly in the town of Jamaica, and is about three miles in length.

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This was a petition under § 65, ch. 24, of the Gen. Sts., to compel the defendant towns to contribute to the expense of putting a certain highway in the plaintiff town, laid out by the county court, in repair. The commissioners made the following report: “ We find that the highway in question was laid out and established as set forth in said petition, and is wholly in the town of Jamaica, and is about three miles in length. It crosses West River, over which there has been maintained and now is, a covered bridge 229£ feet in length, and from thence follows up a stream called Mill Brook, to the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

It has been determined by this court in this case, 45 Vt. 416, that such proceedings are authorized by the act of 1847, §65, ch. 24, Gen. Sts. The county court had, therefore, jurisdiction of this petition. Whether the facts warranted an order of contribution upon the defendant towns, was a matter solely for the county court, if such facts were of the kind for which the statute provides. The report states “ that said road and bridge benefit said town of Wardsboro, and that the town of Jamaica would be excessively burdened by being required…

2Cases cited1 opinion

  1. Town of Jamaica v. Town of WardsboroSupreme Court of Vermont · 1873

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