General
BAILEY against FAIRFIELD
1 Brayt. 128·Vermont Supreme Court·1818·VT
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Opinion
No. 2.
BAILEY against FAIRFIELD.
Franklin,
1818.
USBÍ of a road, by travel, will not make it a public highway.
THIS case was tried before Judge Doolittle, June term, ISIS', on the general issue.
Verdict for plaintiff.
Exceptions as follows :
’í’he plaintiff offered to prove, by witnesses, that the road in question, had been usedfor a public highway for twelve or thirteen years previous to the time of trial.
To this evidence the defendant objected, contending that plaintiff ought to shew cither a record of the laying out and surveying of the road, or an use of the same, as a public highway, for fifteen years previous to the damage complained of.
Objection over-ruled, and witness testified, the road had been used for a .public highway, for twelve or thirteen yéars:
The Judge charged the Jury, that if they found the road in question, had been used as a public highway, for twelve or thirteen years, they ought to find the same to be a public highway within the perview of the Statute.
On this bill of exceptions the Court determined that a mere use of a road, by common travel, would not make it a public highway ; but, that some act of the town, by their officers recognizing the road to be a public highway, was necessary, as by describing the road in the rate-bill and warrant issued to the highway surveyors.