Briggs v. . Bowen

The claim of the plaintiff to recover in this action depends wholly upon the validity of the order of the commissioner of highways of the town of Boonville, made in October, 1872, discontinuing that part of the old highway, upon which the alleged trespasses were committed. Unless that portion of the highway had been legally discontinued, the plaintiff had no right to inclose it, and the defendant was justified in removing the obstructions which the plaintiff had placed there.

It appears from the findings of the referee, that the proceedings of the commissioner of highways were reviewed…