Wolfe v. Town of Windham

In the court’s charge, the jury was told that if the plaintiffs had an “alternative access to his property”, they could not recover. There was no mention made as to the reasonableness of the alternative means of access.

I think the court is wrong in two respects. It seems clear *699to me that when land abuts upon that part of a highway which is discontinued, the owner is entitled to damages for loss of access to the public highway. But where the land does not abut upon that part of the highway which is discontinued, the owner may recover only if he has suffered “a peculiar and special damage not…