O'Connor v. Beale

This action on the case was brought by the plaintiff, under R. S. 1944, Chap. 128, Sec. 16, to recover damages from the defendants for the obstruction of a right of way. It was tried by a single justice without the intervention of a jury and his award of damages to the plaintiff carries his decision that she sustained her claim by a preponderance of evidence. The claim is grounded in the assertion that her tenants, in property to be identified here*388after, used the way, in such an open, visible, continuous and unmolested manner, for twenty years or more, and under circumstances from which the…