Ely v. Parsons
Supreme Court of Connecticut
Action for trespass to land and cutting trees and shrubs growing thereon; brought originally before a justice of the peace, and, by the plaintiff’s appeal, to the Court of Common Pleas of Hartford County, and there tried to the court before Calhoun, J. The defense set up was—1. A general denial; 2. That the land upon which the entry was made was a public highway, which it was the duty of the selectmen of the town of Enfield to keep in repair, and commodious and safe for…
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Action for trespass to land and cutting trees and shrubs growing thereon; brought originally before a justice of the peace, and, by the plaintiff’s appeal, to the Court of Common Pleas of Hartford County, and there tried to the court before Calhoun, J. The defense set up was—1. A general denial; 2. That the land upon which the entry was made was a public highway, which it was the duty of the selectmen of the town of Enfield to keep in repair, and commodious and safe for public travel; that the highway was defective by reason of certain small trees and shrubs which grew in or overhung the…
1Opinion of the CourtLoomis, J.
The acts constituting the trespass complained of were committed by one Button, by order of the defendant as a selectman of the town of Enfield, and consisted of the cutting of certain trees and brush which' obstructed and hindered the passage of travelers along an alleged highway of the town.
There was no dispute as' to the acts done, the official character of the defendant, nor the ownership of the land. The chief contention centered around the question whether or not the locus in quo was a highway. This we will first consider, and then notice briefly some subordinate questions that were made…
2Cases cited10 opinions
- City of Chicago v. WrightIllinois Supreme Court · 1873
- Smith v. WebsterMichigan Supreme Court · 1871
- Kyle v. Town of LoganIllinois Supreme Court · 1877
- State v. GreenSupreme Court of Iowa · 1875
- Hyatt v. WoodNew York Supreme Court · 1808
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3Cited by22 opinions
- Pluhowsky v. City of New HavenSupreme Court of Connecticut · 1964
- Wadsworth v. Town of MiddletownSupreme Court of Connecticut · 1920
- Schmeltz v. TracySupreme Court of Connecticut · 1935
- Dowler v. . JohnsonNew York Court of Appeals · 1918
- Cheshire Brass Co. v. WilsonSupreme Court of Connecticut · 1913
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