Tower v. Pitstick

This was an action of trespass quare clausum fregit, instituted by the appellee against the appellants, for alleged trespasses in the removal by them of certain fences from the premises of the appellee.

Among other pleas, the appellants filed one, in which it was alleged that the locus in quo was a public highway, duly laid out within five years, according to the form of the statute, setting forth the proceedings for a highway, and that the appellants, acting under the order of the highway commissioners of the town in that behalf, as their servants, had removed therefrom the fence of the…