Martin v. Houghton
New York Supreme Court
Appeal from a judgment of the county court of Albany' county, reversing a judgment of a justice’s court. The plaintiff, Jacob H. Martin, complained against the defendant, Jane Houghton, in trespass, for crossing his premises, after the defendant was forbidden. The defendant interposed by her answer: first, a general denial ; second, a license from the plaintiff to cross; third, that the public had a right to cross the path.
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Appeal from a judgment of the county court of Albany' county, reversing a judgment of a justice’s court. The plaintiff, Jacob H. Martin, complained against the defendant, Jane Houghton, in trespass, for crossing his premises, after the defendant was forbidden. The defendant interposed by her answer: first, a general denial ; second, a license from the plaintiff to cross; third, that the public had a right to cross the path. The action was tried before a jury, who rendered a verdict in favor of the defendant. The additional facts appear in the following opinion. The county court having…
1Opinion of the Court
By the Court.*—Ingalls, J.
It appears from the evidence of the plaintiff, that the defendant had been in the habit of coming upon the premises of the plaintiff for a series of years, and within the two years next prior to the trial, passed through *340the door yard, some times upon one side of the house, and at other times upon the other side. There was a path, some part of the time, upon which the defendant traveled. The plaintiff testified that the defendant came to his house a number of times, but did not know and could not testify whether he had sent for her. That he forbid her crossing his…
2Cases cited6 opinions
- Haight v. BadgeleyNew York Supreme Court · 1853
- Bort v. SmithNew York Supreme Court · 1848
- Spencer v. Saratoga & Washington RailroadNew York Supreme Court · 1852
- Adams v. FreemanNew York Supreme Court · 1815
- Ex parte CoburnNew York Supreme Court · 1823
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Radican v. HughesSupreme Court of Connecticut · 1913