The town not being owners of the land under the highway,1 and.through which the canal passes, are not entitled to any damages.
Petition dismissed: costs for the respondents.
See Tyler v. Hammond, 11 Pick. 214; United States v. Harris, 1 Sumner, 37; 3 Kent, (3d ed.) 432, 433; Mams v. Emerson, 6 Pick. 57.