Legal Opinion

Morse v. Weymouth

Supreme Court of Vermont

Decided April 15, 1856PublishedCited by 1 opinion

Trespass on the freehold. Plea, the general issue; trial by jury, June Term, 1855, — Poland, J., presiding. The plaintiff gave evidence tending to show that 'in the summer of 1853, the defendant drew several loads of small stone from his fields upon the highway running through the plaintiff’s farm, and where it run along upon a side-hill, and turned them off the lower side of the road ; and that some of the stone rolled down against the plaintiff’s fence, and some rolled…

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Trespass on the freehold. Plea, the general issue; trial by jury, June Term, 1855, — Poland, J., presiding. The plaintiff gave evidence tending to show that 'in the summer of 1853, the defendant drew several loads of small stone from his fields upon the highway running through the plaintiff’s farm, and where it run along upon a side-hill, and turned them off the lower side of the road ; and that some of the stone rolled down against the plaintiff’s fence, and some rolled through the fence into his fields, — and that some of them were piled or thrown off opposite, and obstructed a bar-way to…

1Opinion of the Court

The opinion of the court was delivered, at the circuit session in September, by

Redfield, Ch. J.

I. The question made by the plaintiff in regard to the two loads of stone drawn by the defendant and placed upon the road before consulting the highway surveyor, as the jury were required to find that it was properly done, and done with a view to remedy a defect in the road, and was approved and adopted subsequently by the surveyor, it seems to us the transaction should be regarded in the same light as if it had been previously directed by the surveyor, and that there was no just ground for claiming…

2Cited by1 opinion

  1. Johnson v. ShivelyOregon Supreme Court · 1881

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