Legal Opinion

Clap v. M'Neil

Massachusetts Supreme Judicial Court

Decided November 15, 1808PublishedCited by 2 opinions

Trespass on the case, in which the plaintiffs, claiming the use of a certain thirty feet street, complain against the defendant for obstructing a part of it, by continuing a certain shed upon it.

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Trespass on the case, in which the plaintiffs, claiming the use of a certain thirty feet street, complain against the defendant for obstructing a part of it, by continuing a certain shed upon it. The cause came before the Court on a case stated by the parties at the last October term in this county, in which it appears that the defendant was seised of three several parcels of land contiguous to each other, on one of which was a ropewalk, adjoining on a second parcel which he opened as a way, called a thirty feet street, but the same has never been established as a public way. On the side of…

1Opinion of the Court

The opinion of the Court was afterwards delivered by

Parsons, C. J.

The question submitted to us by the statement of facts agreed by the parties in this suit is, whether the plaintiffs can or cannot maintain their action. And it is our opinion that the action cannot be maintained.

It is agreed that the way remains now in the same state in which it was when the title of the plaintiffs to it commenced, the defendant having done nothing to alter or abridge it. The plaintiffs, therefore, cannot complain, unless the defendant has stipulated either to widen it, or to remove any obstructions then…

2Cited by2 opinions

  1. Janvrin v. JanvrinSupreme Court of New Hampshire · 1877
  2. Poor v. PoorSuperior Court of New Hampshire · 1836

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