Roberts v. Stark
Supreme Court of New Hampshire
This was the report of the county commissioners laying out a highway in the town of Stark. It appeared that the same highway was originally laid out by the selectmen for the accommodation of the petitioners subject to the maintenance of gates or bars ; that afterwards a petition was presented to the selectmen requesting them to cause the gates and bars to be removed, and to lay out the road as an open and free highway.
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This was the report of the county commissioners laying out a highway in the town of Stark. It appeared that the same highway was originally laid out by the selectmen for the accommodation of the petitioners subject to the maintenance of gates or bars ; that afterwards a petition was presented to the selectmen requesting them to cause the gates and bars to be removed, and to lay out the road as an open and free highway. This petition was afterwards presented, alleging that the selectmen had neglected to grant their petition, and requesting the court to cause the bars, &c., to be removed, &c.…
1Opinion of the CourtPerley, C. J.
Ways laid out for the accommodation of individuals on their petition, though originally laid out at their expense, are public highways, and like other highways are maintained by the public ; and the same formalities are required in laying them out as in the case of other public highways. Metcalf v. Bingham, 3 N. H. 459; Clark v. B. C. & M. R. R., 24 N. H. 114.
There does not appear to have been any statute giving express authority to lay out a highway subject to the maintenance of gates or bars till that of 1850, under which the proceedings in this case have been instituted. There can be no…
2Cases cited2 opinions
- Abbott v. SempleIllinois Supreme Court · 1860
- New Albany & Salem Railroad v. CombsIndiana Supreme Court · 1859
3Cited by2 opinions
- Druding v. AllenSupreme Court of New Hampshire · 1982
- Jewett v. JewettSupreme Court of New Hampshire · 1972