Brock v. Town of Barnet
Supreme Court of Vermont
Petition for the discontinuance of a highway. Heard on commissioner’s report, December Term, Caledonia County, Ross, J., presiding. Report accepted, and petition dismissed. It appeared that in March, 1877, William Carrick and three others petitioned the selectmen to lay out the way in question, and that in a short time it was laid out.
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Petition for the discontinuance of a highway. Heard on commissioner’s report, December Term, Caledonia County, Ross, J., presiding. Report accepted, and petition dismissed. It appeared that in March, 1877, William Carrick and three others petitioned the selectmen to lay out the way in question, and that in a short time it was laid out. The following is a description, in part, of the way established: “ Said right of 'way is to be one rod wide, eight feet three inches on each side of the above described course, subject to bars at both ends; and not to be used as a right of way in spring after…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
If the selectmen had authority to lay this road in the first instance for the convenience of a single individual, the commissioners think it ought not to be discontinued.
We shall not enter into an extended discussion of this question, for upon the facts reported we think we cannot say that this was a taking of private property for private use without the consent of the owner, as is contended.
Though the way was laid out for Garrick's special convenience, yet it is a public way, and Carrick has no right in it nor control over it except in…
2Cases cited4 opinions
- Denham v. County CommissionersMassachusetts Supreme Judicial Court · 1871
- Paine v. Town of LeicesterSupreme Court of Vermont · 1849
- Slicer v. Town of Hyde ParkSupreme Court of Vermont · 1882
- Loveland v. Town of BerlinSupreme Court of Vermont · 1854
3Cited by10 opinions
- Barre Railroad v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1888
- Latah County v. PetersonIdaho Supreme Court · 1892
- Komposh v. PowersMontana Supreme Court · 1926
- Barber v. VintonSupreme Court of Vermont · 1909
- LaFarrier v. HardySupreme Court of Vermont · 1894
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