Clark v. Town of Middlebury
Supreme Court of Connecticut
Petition for the laying out of a highway; brought to the Superior Court in New Haven County. The petition described the highway prayed for as follows: A new highway in said town of Middlebury commencing at a point in the old road leading from the city of Waterbury to the center of said town of Middlebury about nine hundred feet westerly from the bridge on said old road over Hop brook, thence running northerly from the above mentioned point in said old road through a piece of…
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Petition for the laying out of a highway; brought to the Superior Court in New Haven County. The petition described the highway prayed for as follows: A new highway in said town of Middlebury commencing at a point in the old road leading from the city of Waterbury to the center of said town of Middlebury about nine hundred feet westerly from the bridge on said old road over Hop brook, thence running northerly from the above mentioned point in said old road through a piece of woods to a point in the Break Neck road just southerly of William Tyler’s barn; thence northwesterly from a certain…
1Opinion of the CourtLoomis, J.
The objections to the acceptance of the report of the committee, urged in the argument for the respondents, are quite numerous, but all of them, though seemingly independent, may be determined by the answer we shall give to one question, namely—Is the highway as laid out by the committee in contemplation of law the same or a part of the same as that prayed for in the petition ?
The jurisdictional question so prominent in the discussion hinges entirely on this. It is of course undeniable that if the highway prayed for is wholly within one town the selectmen of the town must first be requested…
2Cases cited4 opinions
- Terry v. Town of WaterburySupreme Court of Connecticut · 1869
- Towns of Windham & Chaplin v. LitchfieldSupreme Court of Connecticut · 1852
- Pierce v. Town of SouthburySupreme Court of Connecticut · 1861
- Monroe v. Borough of DanburySupreme Court of Connecticut · 1855
3Cited by2 opinions
- City of New London v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1912
- Greene v. Town of East HaddamSupreme Court of Connecticut · 1884