Kerr v. . Hays
New York Court of Appeals
Appeal from a judgment of the Supreme Court, affirming a judgment on a verdict in favor of the defendant. Action to recover damages for breaking and entering the plaintiff’s close, situated at Port Benjamin, in the town of Wawarsing, and county of Ulster, and described in the complaint by metes and bounds.
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Appeal from a judgment of the Supreme Court, affirming a judgment on a verdict in favor of the defendant. Action to recover damages for breaking and entering the plaintiff’s close, situated at Port Benjamin, in the town of Wawarsing, and county of Ulster, and described in the complaint by metes and bounds. The answer set up, 1. A general denial; 2. That there was a public highway across the premises described in the complaint, and that the alleged trespass consisted in traveling along said highway, and removing fences unlawfully placed therein by "the plaintiff; 3. That the defendant had a…
1Opinion of the CourtSmith, J.
In the view which I take of this case, the only questions to be considered are, whether the court erred in overruling the several objections and motions made by the plaintiff founded upon the form of the defendant’s answer, and in receiving the record of the former suit in evidence, and holding it was conclusive in favor of the right of way claimed by the defendant.
The plaintiff objected, in the first place, to the defendant’s showing under his answer a right of way, or a way, on the premises, because the facts giving a way, or a right of way, were not set out in the answer. The defendant had…
2Cases cited1 opinion
- Prindle v. . CaruthersNew York Court of Appeals · 1857
3Cited by19 opinions
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Beronio v. Ventura County Lumber Co.California Supreme Court · 1900
- Tuthill v. . SkidmoreNew York Court of Appeals · 1891
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- McKnight v. . DevlinNew York Court of Appeals · 1873
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