Strout v. Berry
Massachusetts Supreme Judicial Court
This was a writ of error brought to reverse a judgment of the Court of Common Pleas for this county, upon an appeal from the judgment of a justice of the peace, before whom the action was commenced; in which the defendant in error was original plaintiff, and the plaintiffs in error original defendants. The action was trespass for breaking and entering the close of the plaintiff in Limington, and prostrating two rods of his fence.
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This was a writ of error brought to reverse a judgment of the Court of Common Pleas for this county, upon an appeal from the judgment of a justice of the peace, before whom the action was commenced; in which the defendant in error was original plaintiff, and the plaintiffs in error original defendants. The action was trespass for breaking and entering the close of the plaintiff in Limington, and prostrating two rods of his fence. The defendants severally pleaded not guilty, with a reservation of liberty “ to file any brief statement, or give any justification under this issue.” Issue being…
1Per curiam
The defendants, in the trial of the original action, offered, in excuse of the trespass which had been proved, evi dence of the existence, and ol the occupation by themselves and others, of a private way in the locus in * quo, [ * 387 ] for twenty years before the commencement of the action.
It is true, that twenty years’ occupation of a way or other easemen *324is a sufficient bar to an action of trespass. (a) But the twenty years are to be reckoned from the date of the supposed trespass, and not from the commencement of the action brought for it. So that, if the evidence had been admissible in…
2Cited by8 opinions
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- Spear v. BicknellMassachusetts Supreme Judicial Court · 1809
- Hazard v. RobinsonU.S. Circuit Court for the District of Rhode Island · 1823
- Carter v. Augusta Gravel Road Co.Indiana Superior Court · 1871
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