George v. Cox
Massachusetts Supreme Judicial Court
Tort for obstructing a way. Writ dated Feb. 28, 1872. The declaration alleged that the plaintiff owned a lot of land, (describing it,) “ and there was a way leading to the same from Pleasant Street, so called, in said Malden, which the plaintiff had the right to use as a footway and carriage-way; and the defendant erected a fence in and across said way, and placed stones and posts in the same, so that the plaintiff could not use the same.”
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Tort for obstructing a way. Writ dated Feb. 28, 1872. The declaration alleged that the plaintiff owned a lot of land, (describing it,) “ and there was a way leading to the same from Pleasant Street, so called, in said Malden, which the plaintiff had the right to use as a footway and carriage-way; and the defendant erected a fence in and across said way, and placed stones and posts in the same, so that the plaintiff could not use the same.” In the answer the defendant alleged that “ if he erected a fence or placed stones or posts on any lands, (which he does not admit,) he erected and placed…
1Opinion of the CourtMorton, J.
The deed from Samuel Cox and others to George H. Fall, dated November 29, 1843, conveys a piece of land in Malden, lying north of the new Methodist meeting-house, “ together with a right of a free passage-way from Medford road by the easterly side of the meeting-house to said lot of land.” A right of a passage-way is a right to pass to and from the road, and the court properly refused to rule, as requested by the defendant, that this deed conveyed to Fall only the right to pass from the road to the land conveyed, and not the right to pass to and from said land. It is clear that the right of…
2Cases cited1 opinion
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