<p>The laying out of a highway by selectmen is yacated by an appeal; and during the pendency thereof, one who travels the way is liable to the landowner in an action of trespass.</p> <p>Trespass, guare clausum. Facts found by a referee. The defendant petitioned for a highway which was laid out by the selectmen over lands of the plaintiffs. From the laying out each plaintiff' appealed. The trespass complained of in each ease consisted in opening and traveling the way during the pendency of the appeal which, at the hearing before the county commissioners, was abandoned. The court ordered judgment on the report for the plaintiffs, and the defendant excepted.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1897-12-05
How this case has been cited
Cited by 5 later decisions — most recently October 1947
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
The laying out of a highway by the selectmen is vacated by an appeal. P. S., c. 68,
ss.
2, 8;
Wallace
v.
Brown, 25
N. H. 216, 220,
221; Stalbird
v.
Beattie,
36 N. H. 455,
*293
456. If the law were otherwise, it might in some cases make the right of appeal practically useless to the landowner; and in all cases where the road is not finally established, might compel towns to pay damages to the landowner and perhaps other expenses, without any corresponding benefit to the public.
