Legal Opinion

Towns of Winchester & Colebrook v. Hinsdale

Supreme Court of Connecticut

Decided June 15, 1837PublishedCited by 12 opinions

IN ERROR. This was a petition to the county court, for a highway, from the road, which passed the dwelling-house of Jonathan Coe, in Winchester, at a point between his dwelling-house and the Greenwoods turnpike road, running in a North-westerly direction, through the valley, to the South line of Colebrook ; thence up the valley, to the Waterbary-river turnpike road, at some point between the dwelling-house of John Corbin and Enos North in Colebrook.

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IN ERROR. This was a petition to the county court, for a highway, from the road, which passed the dwelling-house of Jonathan Coe, in Winchester, at a point between his dwelling-house and the Greenwoods turnpike road, running in a North-westerly direction, through the valley, to the South line of Colebrook ; thence up the valley, to the Waterbary-river turnpike road, at some point between the dwelling-house of John Corbin and Enos North in Colebrook. Annexed to this petition was a citation to the towns of Winchester and Colebrook, on which the officer who served it, made the following return :…

1Opinion of the Court

Williams, Ch. J.

I feel compelled to differ from my brethren upon the point which has procured a reversal of the judgment in this case. And the simple question is, whether the county court have a right to reject the report of a committee who have laid out a road, in part, or whether they must reject or accept it in toto.

It seems to me, that the statute meant to vest the power of laying out highways in the county courts ; and that these courts are accountable for its due and proper exercise; that although they must employ a committee to view for them, yet the doings of that committee are…

2Cases cited3 opinions

  1. Town of Plainfield v. PackerSupreme Court of Connecticut · 1836
  2. Inhabitants of Windsor v. FieldSupreme Court of Connecticut · 1814
  3. Smith v. BrushSupreme Court of Connecticut · 1836

3Cited by12 opinions

  1. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  2. In Re the Appointment of a Receiver of the Late Dodge & Stevenson Manufacturing Co.New York Court of Appeals · 1879
  3. Steele v. SuwalskiCourt of Appeals for the Seventh Circuit · 1935
  4. Remington v. Aetna Casualty & Surety Co.Connecticut Appellate Court · 1994
  5. Moses v. JulianSupreme Court of New Hampshire · 1863

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