Warren v. Bunnell
Supreme Court of Vermont
This was an action of trespass on the freehold. The defendant pleaded the general issue, and also a license from the plaintiff, and a right of way over the plaintiff’s land. Issues were joined to the jury.
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This was an action of trespass on the freehold. The defendant pleaded the general issue, and also a license from the plaintiff, and a right of way over the plaintiff’s land. Issues were joined to the jury. Upon the trial in the county court, it appeared in evidence, that the defendant was proprietor of a farm lying back of one owned by the plaintiff, there being no public highway across plaintiff’s farm leading to it, but there was a path which had been usually travelled, for some years, by the defendant without objection by the plaintiff, he keeping up bars. During the last year, and before…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
The selectmen are authorized to lay out *601pent roads, or private ways, as they are called in the statute, and the question now raised is, must such roads be, by them, opened in the same manner as highways. The opening of a road, under our statute, is not the mere taking down obstructions to travel. It has a legal and technical meaning. When a road is laid out and a survey thereof recorded, every thing necessary to the making thereof may be done, but it can be devoted to actual use only in a particular manner. The stat. ute provides, (vol.…
2Cited by6 opinions
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- Steven Daiello v. Town of Vernon v. Dale A. Merritt and Brenda MerrittSupreme Court of Vermont · 2022
- French v. HoltSupreme Court of Vermont · 1881
- Town of Whitingham v. BowenSupreme Court of Vermont · 1850
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