Legal Opinion

Bell v. Prouty

Supreme Court of Vermont

Decided November 15, 1870Published

Action on the case to recover damages from defendant for obstructing a public pent road. The ad damnum in plaintiff’s writ was two hundred dollars, and plaintiff’s declaration set forth the damage suffered by him at two hundred dollars. The defendant filed a motion to dismiss for want of jurisdiction in the county court. The court overruled this motion, and trial was had by jury, .at the February term, 1870, Orleans county, Steele, J., presiding.

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Action on the case to recover damages from defendant for obstructing a public pent road. The ad damnum in plaintiff’s writ was two hundred dollars, and plaintiff’s declaration set forth the damage suffered by him at two hundred dollars. The defendant filed a motion to dismiss for want of jurisdiction in the county court. The court overruled this motion, and trial was had by jury, .at the February term, 1870, Orleans county, Steele, J., presiding. The motion to dismiss was not made until the jury were impaneled to try the case. The case was entered in court, December term, 1867. After the…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

Upon the declaration and proofs in this case the gist of the action is the obstruction of a pent road by the defendant to the damage of the plaintiff. A pent road is a public highway. The fact that the highway in question was in the defendant’s land was not at all material; the plaintiff’s right to recover did not at all depend upon the defendant’s ownership of the land in which the highway was ; he could as well recover of the defendant for the obstruction of a highway in the land of some other person to his damage as for the obstruction of…

2Cases cited2 opinions

  1. Jakeway v. BarrettSupreme Court of Vermont · 1865
  2. Whitman v. Town of PownalSupreme Court of Vermont · 1847

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