Lansing v. Wiswall
New York Supreme Court
Case, tried at the Albany circuit, in October, 1844, before Parker, Cir. J. The action was for obstructing a way. The two first counts alleged that it was a way appurtenant to the plaintiff’s farm in Watefvliet, by means of which he was accustomed, and was entitled, to pass and repass to and from his house and farm to and from the common and public highway leading to Hudson river at West Troy.
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Case, tried at the Albany circuit, in October, 1844, before Parker, Cir. J. The action was for obstructing a way. The two first counts alleged that it was a way appurtenant to the plaintiff’s farm in Watefvliet, by means of which he was accustomed, and was entitled, to pass and repass to and from his house and farm to and from the common and public highway leading to Hudson river at West Troy. The other two counts averred that it was a public highway of the town of Watervliet, and that the plaintiff as the owner and possessor of a messuage, &c. adjoining said highway was entitled to the use…
1Opinion of the Court
By the Court, Beardsley, C. J.
Case is the proper form of remedy where any action is maintainable for obstructing a public or private way. This difference, however, should be ob-’ served, that while the law gives redress for every such injury to a private way, an action for obstructing one which is public will only lie where special damage has been sustained. (1 Ch. Pl. ed. 1837, p. 162; 2 id. pp. 807 to 814 and notes ; p. 599, a, and note; Woolr. on Ways, 52 to 54; Lansing v. Smith, 8 Cowen, 146.) There is no incongruity in a joinder of separate *217counts in the same declaration for both…
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- Brown v. WatsonSupreme Judicial Court of Maine · 1859
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