Town of Plainfield v. Packer
Supreme Court of Connecticut
IN ERROR. This was a petition for a highway, brought by Packer and others against Nathaniel French, one of the principal inhabitants of the town of Plainfield, and one of the select-men of that town, and the rest of the inhabitants of said town.
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IN ERROR. This was a petition for a highway, brought by Packer and others against Nathaniel French, one of the principal inhabitants of the town of Plainfield, and one of the select-men of that town, and the rest of the inhabitants of said town. The petitioners in their petition stated, that in their opinion, common convenience and necessity required, that a new highway or road should be laid from Packersville in Canterbury, td some point near the old village in the centre of the town of Plainfield; that by making such new road, the distance between said places would be very much lessened,…
1Opinion of the CourtWaite, J.
1. It is claimed in this case, that the petition is insufficient, because there is no sufficient allegation, that the road prayed for, would be of common convenience and necessity.
It was decided, in the case of Lockwood v. Gregory, 4 Day 407. that in an application to the county court for a highway, that specific allegation was not necessary ; and that it was enough, that such facts were stated as would induce the inference, that the highway prayed for would be of common convenience and necessity. The same doctrine was again recognized, in the case of the towns of Windsor and Suffield v.…
2Cases cited4 opinions
- Inhabitants of Windsor v. FieldSupreme Court of Connecticut · 1814
- Treat v. Inhabitants of MiddletownSupreme Court of Connecticut · 1830
- Lockwood v. GregorySupreme Court of Connecticut · 1810
- Waterbury v. Town of DarienSupreme Court of Connecticut · 1830
3Cited by13 opinions
- Marbourg v. SmithSupreme Court of Kansas · 1873
- Brand v. HinchmanMichigan Supreme Court · 1888
- Closson v. StaplesSupreme Court of Vermont · 1869
- Lockenour v. SidesIndiana Supreme Court · 1877
- Waring v. FletcherIndiana Supreme Court · 1898
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