Heaton v. Ferris
New York Supreme Court
THIS was- an action of trespass for breaking and entering theplaintiff fs close, treading downthe grass, &c.— The defendants pleaded the general issue, and two special pleas of justification,-one of a right to a common highway, and the other, a right to a private way. The plaintiff replied to the special pléas, traversing the right of way set up in each, and the defendants rejoined, and issues were taken thereon.
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THIS was- an action of trespass for breaking and entering theplaintiff fs close, treading downthe grass, &c.— The defendants pleaded the general issue, and two special pleas of justification,-one of a right to a common highway, and the other, a right to a private way. The plaintiff replied to the special pléas, traversing the right of way set up in each, and the defendants rejoined, and issues were taken thereon. The cause was tried at the West Chester circuit, in June, 1804, before Mr. Justice Livingston, and a verdict was found for the plaintiff for six cents damages. On this verdict a…
1Opinion of the Court
Per.Curiam.
In this case, the title to land came in question, so ás to entitle the plaintiff to full costs under the act, and the certificate was properly granted.
Rule refused.
2Cited by10 opinions
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- Rathbone v. McConnellNew York Supreme Court · 1855
- Little v. . DennNew York Court of Appeals · 1866
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