Haynes v. Lassell
Supreme Court of Vermont
Trespass on ti-ie freehold ; general issue and a justification; trial by the court, December Term, 1855, — Rierpoint, J., presiding. The plaintiff proved, that in August, 1854, the defendant entered his (the plaintiff’s) enclosure by taking down the fence and driving, with a team, several times across a field of potatoes then growing.
Read the full summary
Trespass on ti-ie freehold ; general issue and a justification; trial by the court, December Term, 1855, — Rierpoint, J., presiding. The plaintiff proved, that in August, 1854, the defendant entered his (the plaintiff’s) enclosure by taking down the fence and driving, with a team, several times across a field of potatoes then growing. The defendant claimed that the land over which he passed with his team was a public highway which the plaintiff had wrongfully obstructed by placing a fence thereon; and it was admitted by the plaintiff that until the month of April, 1854, the premises entered…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The only question in the present case is in regard to the discontinuance of a town highway. The town, at their regular March meeting, voted to have the road discontinued upon previous notice in the warning to that effect, and the selectmen, upon the petition of the requisite number, ordered the road to be discontinued, and made the proper record in the town clerk’s office.
The return of the selectmen does not show any hearing in regard to the matter, or any notice to any one in regard to it; and from the nature of the case and the…
2Cases cited2 opinions
- Kidder v. JennisonSupreme Court of Vermont · 1849
- Ex parte BostwickSupreme Court of Vermont · 1826
3Cited by3 opinions
- Barber v. VintonSupreme Court of Vermont · 1909
- In Re Town Hwy. No. 20 of Town of GeorgiaSupreme Court of Vermont · 2003
- Robinson v. WinchSupreme Court of Vermont · 1893