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STATE v. MICHAUD

No. 4242.

98 N.H. 356 (1953)

STATE v. RUSSELL J. MICHAUD.

Supreme Court of New Hampshire.

Decided November 30, 1953.

Attorney(s) appearing for the Case

Louis C. Wyman Attorney General, George F. Nelson, Assistant Attorney General and Lindsey R. Brigham, County Solicitor (Mr. Nelson orally), for the State.

John B. Ford (by brief and orally), for the respondent.

LAMPRON, J.

Under the facts in this case the only method by which the State could sustain the burden incumbent on it (Dow v. Latham, 80 N.H. 492; Summerfield v. Wetherell, 82 N.H. 513) to show that the lane involved was a public "way" under the motor vehicle statute (R. L., c. 115, s. 1 XXXIV), was for it to prove that it was a highway "laid out in the mode prescribed therefor by statute." R. L., c. 90 (as amended by...

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