Seymour v. Page
Supreme Court of Connecticut
Tbespass quare clausum fregit, with a count in case for the same cause of action, brought originally before a justice of the peace, and thence by appeal to the superior court, and there tried upon the general issue closed to the court with notice of special matter in justification.
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Tbespass quare clausum fregit, with a count in case for the same cause of action, brought originally before a justice of the peace, and thence by appeal to the superior court, and there tried upon the general issue closed to the court with notice of special matter in justification. The court found the following facts:— About the year 1845, Stephen Page, the father of the defendant, since deceased, established a- cemetery in the city of Hartford, known as “ Spring Grove Cemetery.” The land therein was from time to time divided into small lots for burial purposes, with avenues of various widths…
1Opinion of the CourtMoOurdt, J.
In this case the alleged trespass consisted in changing a grass-walk into a suitable gravel one in the alleys of a cemetery. Which kind is preferable is a matter of taste, and the dispute is who had the right to exercise it.
The plaintiff owns a qualified fee in the adjacent lot and claims that his title extends to the middle of the alleys, in analogy to the right of an owner of land bounded by a highway. But the cases are so unlike that the well-settled rules of law which govern one are not applicable to the other. The controlling principle in both is the intention of the parties. In the sale…
2Cases cited1 opinion
- Peck v. SmithSupreme Court of Connecticut · 1814
3Cited by5 opinions
- Kinney v. HorwitzSupreme Court of Connecticut · 1919
- Mount Hope Cemetery Ass'n v. New Mount Hope Cemetery Ass'nIllinois Supreme Court · 1910
- Olesen v. BeckanstinSupreme Court of Connecticut · 1919
- Dunbar v. Oconomowoc Cemetery Ass'nWisconsin Supreme Court · 1926
- Perkins v. City of LawrenceMassachusetts Supreme Judicial Court · 1885