The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-07-07
Mrs. Daley Objects to Hav-
ing Cattle Cross Her
New Lawn
CROWELL CLAIMS
A RIGHT OF WAY
Says Public Has Used it More than 25
YeaIs-No Reservation in Mrs. Da-
ley's Deed Selectmen Asked to
Lay Out Public Highway.

An interesting question has arisen
as to whether there is a right of way
running westward from Myrtle street
across land decided to Mrs. William r.
Daley by the administrator of the E.
w. BIodgett estate, reaching property
IN the rear owned by George T. Crow
ell The deed to Mrs. Daley makes no
reservation, and she claims that no
right of way to cross the land exists,
while Mr. Crowell claims that he has
right to cross the property in ques-
tlon by reason Of prescription, that is,
long-continued and uninterrupted
usage. The usage has been interrupted
in the past few days, however, which
forms an interesting story. A fence
built across the way has been torn
down and rebuilt by the parties or
their agents, and the selectmen have
been asked to lay out street at that
point.
The lay of the land is like this: Mrs
Daley s property Is on the west side of
Spruce street, directly opposite the
west end of Myrtle street. In the rear
of her property is u pasture owned by
George Z. Crowell, in which he pas
lures his cows. Just south of Mrs.
Daley S line is another lot owned by
MI SAOHCllf OH WHICH Is d HOuSG OC-
cupied by Mrs. w. J. Emerson, which
lot adjoins the pasture. A little dis
tance north of the Daley property
there has been an entrance to the
Crowen property by way of Laurel
street.
| Formerly the Crowell cows were
| driven to pasture through the Laurel
street entrance, but of late they have
been driven across property included
in Mrs. Daley s deed, which is
shorter route Since buying the prop
erty of the Blodgett estate Mrs. Daley
has had the driveway plowed up and
graded, and naturally she did not take
kindly to the idea of having the COWS
driven over the new lawn when there
was plenty of room on the unoccupied
Crowell lot to the south. Consequent
| ly fence arose across the driveway.
Mr.. Crowel did not relish having his
| claimed rights. so unceremoniously cut
| off, and his son, Christie B. Crowell,
visited the premises last week ana be-
gan removing the fence. Mrs. Daley
demonstrated strenuously. but she was
unable to persuade him to withdraw,
and the fence was removed. Mrs.
| Daley asserted that the fence would
| go up again and the younger Mr..
| Crowell allowed that what went up
would come down.
| The fence went up again, and up to
| the present time it has remained up,
| but Mr.. Crowell and others have asked
| that the selectmen settle the contro-
| versy By laying out a public street
| there. Their petition reads as follows:
''We the undersigned, freeholders in
| the town of Brattleboro, respectfully
| pray your honorable board to lay ont
/ and establish a right of way leading
to the house designated as No. %
| Myrtle, and now occupied by Mrs w
j. Emerson, which shall be of sufficient
width to allow the convenient passing
| of teams thereon, and be laid substan-
TALLY in the location used by the gen
eral public for ingress and egress to
and from said house for more than %
years.
The petition is signed by George E..
Crowell, G. o. Abbott & Son, c. B.
| Crowell, II. R. Randall, A. p. Simonds,
/ NJ. c.. Houghton, F. r. Vaughan
The full board of selectmen, A. w.
J. wilkins, A. Z. Merrill and W. f..
Stellman, visited the premises yester-
day afternoon, and later they will de-
eide at a hearing to determine whether
| the public good or the necessity and
| convenience of individuals demand a
j public highway at that point. What
| ever their decision may be, either
party has the right of appeal to the
i county court.
! If it should be finally determined
that highway should be laid out and
j damages paid, if any, that would set
tie the question of the right of way.
i If the final decision should be not to
Il lay out highway, then it would seem
that the question of the right of way
would still have to be threshed out
unless the parties come to an agree
ment.