State v. . McDaniel
Supreme Court of North Carolina
This was an indictment against the defendant for obstructing a public highway, tried before Saunders, J., at Pall Term, 1860, of Guilford Superior Court. The following is a special verdict found by the jury in the case.
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This was an indictment against the defendant for obstructing a public highway, tried before Saunders, J., at Pall Term, 1860, of Guilford Superior Court. The following is a special verdict found by the jury in the case. “"We find that the road described in the bill of indictment, hath been used for sixty years by the people of the neighborhood of Bethel Church, in passing from an established and admitted highway to and from Bethel Church; that the distance from the admitted highway to the Church is one mile ; that this road is connected with other roads leading to different places in the…
1Opinion of the CourtManly, J.
The special verdict in this case presents the enquiry, whether mere use of a way or road by the people of a neighborhood for a long lapse of time, to go to church and other neighboring places, is a public road. The road does not appear to have been laid off agreeably to the provisions of our statute law; it is not of the width prescribed for our highways, and it has not been treated as a highway by the appointment of an overseer with laborers to keep it in repair. Upon no principle, therefore, of which we are aware, can it be classed among the public roads of the country which it becomes…
2Cited by10 opinions
- West v. SlickSupreme Court of North Carolina · 1985
- Chesson v. . JordanSupreme Court of North Carolina · 1944
- Hemphill v. . Board of AldermenSupreme Court of North Carolina · 1937
- State Highway Commission v. BattsSupreme Court of North Carolina · 1965
- State v. . HaynieSupreme Court of North Carolina · 1915
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