Town of Gloyer v. Carpenter
Town of Gloyer v. Carpenter
Opinion of the Court
In this case the orator brings a bill to enjoin the county road commissioners in Orleans county from proceeding to assess the orator town under Y. S. chap. 152 for the repairs of a highway. The orator insists that the commissioners have no such power for that V. S. 3337 provides that “no town shall be assessed towards the expense of building or maintaining any highway in another town, except as provided in the two preceding sections.” The preceding section, 3335, authorizes an assessment for repairing a highway laid out near the line between two towns instead of on such line on account of the position of the land or nature of the soil over which it is laid, if both towns are benefited in a similar manner as though the highway was on such line, and provides that the expense of repairing may be apportioned and the same proceedings had as in case of a highway on the line between two towns. If a highway is on the line between two towns, both towns are liable to keep it in repair. Y. S. 3329-3337. The term highway includes a bridge. Y. S. 24. A bridge is the subject of controversy in this proceeding.
Decree affirmed and catise remanded.
Reference
- Full Case Name
- The Town of Gloyer v. B. F. D. Carpenter
- Status
- Published