Baker v. Barry

This case was heard by a single justice, on waiver of jury trial, who gave a decision for the plaintiff. The defendant now asks for a new trial for alleged errors. The plaintiff sues for an obstruction of a right of way over a strip of land in the rear of the defendant’s lot, between the plaintiff’s line and Lemon street, in Providence.

The defendant’s first objection is that there is no proof of a right of way.(1) In 1831 Job Carpenter platted his land into lots, and between the tier of lots fronting on Fountain street and another tier fronting on Cottage street was a strip ten feet wide, not…