Burrows v. Gallup
Supreme Court of Connecticut
Trespass for entering upon a wharf on Mystic River, claimed by the plaintiff as his private property ; tried to the jury in the superior court, before Butler, J., on the' general issue, with notice that proof would be offered that the locus was a public highway and landing.
Read the full summary
Trespass for entering upon a wharf on Mystic River, claimed by the plaintiff as his private property ; tried to the jury in the superior court, before Butler, J., on the' general issue, with notice that proof would be offered that the locus was a public highway and landing. On the trial it appeared that the wharf was erected by Enoch Burrows, the grandfather of the plaintiff, adjoining the traveled path of an ancient highway, and between that and Mystic River, opposite the family homestead. The acts charged, which consisted of the unlading and deposit of seaweed upon the wharf, were admitted,…
1Opinion of the CourtPabk, J.
Complaint is made of the charge of the court to *498the jury as to what it was necessary for the plaintiff, and the parties under whom he claims title, to have done in order to extinguish the right of the public to the locus in quo as a public landing. The court instructed them “ that in order to destroy the public right they must have excluded the public and every member of it.” It is said that this language gave the jury to understand that, during the running of the statute, the entry upon the premises of any member of the public, without permission of the party in possession, would prevent the…
2Cases cited2 opinions
- Inhabitants of East-Haven v. HemingwaySupreme Court of Connecticut · 1828
- Bartlett v. EvartsSupreme Court of Connecticut · 1831
3Cited by20 opinions
- Gaston v. MaceWest Virginia Supreme Court · 1889
- Hightower v. PendergrassTennessee Supreme Court · 1983
- Town of Orange v. ResnickSupreme Court of Connecticut · 1920
- Woycik v. WoycikConnecticut Appellate Court · 1988
- Stark v. StanhopeSupreme Court of Kansas · 1971
15 more not listed; retrieve them via the Exa API.