Burnham v. Hotchkiss
Supreme Court of Connecticut
This was an action of trespass, in two counts; the first quare clausum fregit, the other de bonis asportatis. The defendants pleaded, severally, not guilty, with notice to the following effect: That at the time when the acts complained of were done, there was, and from time immemorial had been, a public highway through the premises described in the declaration, being in the town of Derby, for all the citizens of this state to pass and repass, at all times in the year ; that…
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This was an action of trespass, in two counts; the first quare clausum fregit, the other de bonis asportatis. The defendants pleaded, severally, not guilty, with notice to the following effect: That at the time when the acts complained of were done, there was, and from time immemorial had been, a public highway through the premises described in the declaration, being in the town of Derby, for all the citizens of this state to pass and repass, at all times in the year ; that it was the duty of that town to keep and maintain such highway in sufficient repair; that the locus in quo was part of…
1Opinion of the Court
Williams, Ch. J.
This was an action of trespass, to which the defendants pleaded the genera! issue, and gave notice, that they should prove, that the place in which the acts were done, was a public highway, which was obstructed by a stone wall, on which boards were erected and placed ; and that the defendants, one of whom was a surveyor, entered thereon, with authority to repair said highway, and pulled down and levelled the wall, and removed the stone and boards, as they had right to do. The court instructed the jury, that if the plaintiff was owner and in possession, as he claimed, the…
2Cases cited2 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Dunton v. MeadSupreme Court of Connecticut · 1827
3Cited by11 opinions
- Inhabitants of Arundel v. M'CullochMassachusetts Supreme Judicial Court · 1813
- Capozzi v. City of WaterburySupreme Court of Connecticut · 1932
- State v. FlannaganIndiana Supreme Court · 1879
- Ruffner v. PhelpsSupreme Court of Arkansas · 1898
- Keating v. MacDonaldSupreme Court of Connecticut · 1900
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