Hart v. Board of Chosen Freeholders

The opinion of the court was delivered by

Magie, J.

The declaration in this case contains two-counts, and each of the defendants has separately demurred.

The question presented by the demurrer of the board of chosen freeholders of the county of Union will be first considered.

The first count charges that, on September 26th, 1890, a public highway in Union county was under the control of said board, having been acquired by it under the “Act to-enable boards of chosen freeholders to acquire, improve and maintain public roads” (Pamph. L. 1889, p. 58), and that thereby it became the duty of said…