Supreme Court of Vermont February 15, 1867 (Wolcott v. Whitcomb)

The opinion of the court was delivered by

Kellogg, J.

The plaintiff had a right to erect gates and bars on his own land unless this right was taken away by reason of the laying -out and opening of a highway as a pent road over it. All pent roads are public highways, though called in the early statutes private iroads,” — that is to say, they may fee used by all, — but they are not open highways.