Town of Shrewsbury v. Brown
Supreme Court of Vermont
' This was an action on tlie case, for obstructing a highway in Shrewsbury. Plea, the general issue, and trial by jury. On trial, the plaintiffs introduced testimony, tending to prove that the natural channel of Mill Eiver is, and ever has been, to the east of the main village of Cuttingsville, in the town of Shrews-bury, in which channel the water would be harmless to the highways in the vicinity ; that some thirty or thirty-five years ago, a small dam was constructed…
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' This was an action on tlie case, for obstructing a highway in Shrewsbury. Plea, the general issue, and trial by jury. On trial, the plaintiffs introduced testimony, tending to prove that the natural channel of Mill Eiver is, and ever has been, to the east of the main village of Cuttingsville, in the town of Shrews-bury, in which channel the water would be harmless to the highways in the vicinity ; that some thirty or thirty-five years ago, a small dam was constructed across said river, above said village, and a portion of the water from said river conducted by an artificial canal and…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This is^ an action on the case, for obstructing a highway in the town of Shrewsbury. The highway mentioned in the declaration, and for the obstruction of which the action was brought, was formerly a part of the Green Mountain Turnpike, chartered in 1799, and so remained till about 1841, when the same became a public highway, by proceedings under the act of 1838, the object of which was to render turnpike roads free roads, and since then, the case finds that this has been a public highway, and the town bound to keep the road in repair. It…
2Cases cited2 opinions
- Biglow v. BattleMassachusetts Supreme Judicial Court · 1818
- Town of Sheldon v. Town of FairfaxSupreme Court of Vermont · 1849
3Cited by4 opinions
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- Dernier v. Rutland Railway, Light & Power Co.Supreme Court of Vermont · 1920
- S. O. & C. Co. v. Ansonia Water Co.Supreme Court of Connecticut · 1910
- Dennis v. FrenchSupreme Court of Vermont · 1977