Legal Opinion

Wood v. Hurd

Supreme Court of New Jersey

Decided November 15, 1869PublishedCited by 5 opinions

On rule to show canse why the verdict should not be set aside. The plaintiff sought to recover damages against the Aefendant for obstructing a by-road in the county of Morris, which plaintiff alleged he had a right to use. There was a verdict for defendant, which the plaintiff now seeks to set aside. The principal question involved was, whether the by-road had legal existence, as claimed by the plaintiff.

1Opinion of the Court

The opinion of the court was delivered by

Van Syckel, J.

The declaration in this action is framed to recover damages which the plaintiff has sustained by the obstruction by defendant of a by-road in the county of Morris, which the plaintiff alleges that he had a right to use. The trial below having resulted in a verdict for the defendant, the case comes here on a. rule to show cause why the verdict shall not be set aside — First. For alleged error in the charge of the court. Second. Because the verdict is against the weight of evidence.

The real question in the cause was, whether the by-road *89had…

2Cases cited4 opinions

  1. Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
  2. Hoole v. Attorney GeneralSupreme Court of Alabama · 1853
  3. McLane v. United StatesSupreme Court of the United States · 1832
  4. State v. WilkinsonSupreme Court of Vermont · 1829

3Cited by5 opinions

  1. GEORGE VAN TASSEL'S, ETC. v. Town of BloomfieldNew Jersey Superior Court Appellate Division · 1950
  2. Lower Tp. v. ReevesNew Jersey Superior Court Appellate Division · 1951
  3. Brookdale Pk. Homes v. Tp. of BridgewaterNew Jersey Superior Court Appellate Division · 1971
  4. Barile v. Port RepublicNew Jersey Superior Court Appellate Division · 1982
  5. Delaware, Lackawanna & Western Railroad v. Town of MorristownSupreme Court of the United States · 1928

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