Saturday 17 March 1860
NISI PRIUS COURT – Monday
(Before Mr Justice Hill)
THE QUEEN v THE INHABITANTS OF WRENTHORPE
This case was resumed this morning, when a number of witnesses were called to prove that the Lawns Road had always been considered a public highway, and had been repaired by inhabitants of the hamlet of Wrenthorpe. Mr Overend, defence submitted that the road question was set out under the Act of Parliament and the commissioners’ award as a private road, and had never been dedicated to the public by the lord of the manor, the Duke of Leeds. The allottees and inhabitants of various townships in the neighbourhood ought to keep the road in repair by a rate; but instead of this, an endeavour was made by bringing this action, to throw the whole expense of the repairs upon the hamlet of Wrenthorpe, which was a place where poor colliers resided, and it would be a great hardship upon them. The learned counsel denied that any public user had been proved. The road had only been used privately by persons on horseback and foot passengers, and for the conveyance of coal and lime, and its wretched state was strong evidence that it never had been a public highway. Verdict for the defendants.