22 Vt. 317 | Vt. | 1850
The opinion of the court was delivered by
The only question in this case is, whether a pent road is to be construed to be a highway, within the meaning of the Revised Statutes. By the Rev. St., chap. 20, sec. 3, it is provided,
Those highways, which are permitted to be pent, are as much public highways, as any others, — freb to all persons, who may have occasion to pass along them. The twenty ninth section in terms gives an appeal to the county court, in all cases where the selectmen refuse to lay out “ a highway,” that is, any highway, open or pent, which it is competent for them to lay out. This is perhaps the reason of the case. If one is fairly entitled to a pent road, and the selectmen refuse to lay it out, and he has no appeal, on that application, he certainly should have an open road.
We denied this writ in a similar case in Addison County, in 1849 ; but this point was not urged.
The motion is denied, with costs.