Woodworth v. Raymond
Supreme Court of Connecticut
Action for the obstruction of a right of way; brought to the Court of Common Pleas of ISTew London County, and tried to the court on a general denial before Mather, J. The following facts were found by- the court:— On the 23d of July, 1835, Ralph Hurlbut, Lydia "Wyyongs, Parthenia Hoscott and Cynthia Hoscott, in compliance with and in conformity to a resolution of the General Assembly, passed at its May session, 1835, conveyed by warranty deed to Joshua E. Woodworth, the…
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Action for the obstruction of a right of way; brought to the Court of Common Pleas of ISTew London County, and tried to the court on a general denial before Mather, J. The following facts were found by- the court:— On the 23d of July, 1835, Ralph Hurlbut, Lydia "Wyyongs, Parthenia Hoscott and Cynthia Hoscott, in compliance with and in conformity to a resolution of the General Assembly, passed at its May session, 1835, conveyed by warranty deed to Joshua E. Woodworth, the plaintiff’s father, the tract of land described in the plaintiff’s complaint as the one to which the right of way in…
1Opinion of the CourtLoomis, J.
The complaint is for obstructing a private way Avhich the plaintiff claims to own, founded upon custom, *75prescription and necessity. The court negatived the claim as to custom and prescription, but found the plaintiff entitled to a way by necessity, and rendered judgment in his favor.
It seems to us the facts found do not furnish the necessary legal elements to constitute a way of necessity. Such a way is not created by a mere necessity, but always originates in some grant or change of ownership, to which it is attached by construction as a necessary incident presumed to have been intended by…
2Cases cited4 opinions
- Stewart v. HartmanIndiana Supreme Court · 1874
- Chalker v. DickinsonSupreme Court of Connecticut · 1815
- Collins v. PrenticeSupreme Court of Connecticut · 1843
- Tracy v. AthertonSupreme Court of Vermont · 1862
3Cited by7 opinions
- Hollywyle Assn., Inc. v. HollisterSupreme Court of Connecticut · 1973
- Evans v. ScottCourt of Appeals of Texas · 1904
- Poulos v. Dover Boiler & Plate FabricatorsSupreme Court of New Jersey · 1950
- Leonard v. BailwitzSupreme Court of Connecticut · 1960
- Crystal Park Co. v. MortonColorado Court of Appeals · 1915
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