Backhausen v. Mayer

The following opinion was filed February 10, 1931: •

Owen, J.

This action is brought by the plaintiffs to restrain the defendants from trespassing upon their premises and breaking down and destroying gates maintained thereon. The defendants admit their conduct vi et armis, but justify on the ground that the locus in quo. was a way of necessity, to the use of which they were entitled, and that their conduct was no more than necessary to enable them to enjoy their lawful rights. The facts giving rise to the claimed way of necessity are as follows: On December 7, 1885.,.one Christian Mayer was the…