Kilburn v. Adams
Massachusetts Supreme Judicial Court
This was an action of trespass upon the case, commenced on the 1st of April 1842, in which the plaintiffs alleged that they were owners of a close situate on the highway leading from Littleton Common to Groton meeting-house, and adjoining southerly on the land owned by the trustees of Groton Academy; and that they had a right of way from the north side of said close, over the academy lot, to the highway in front of the same, and that the defendant, on the 21st of October…
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This was an action of trespass upon the case, commenced on the 1st of April 1842, in which the plaintiffs alleged that they were owners of a close situate on the highway leading from Littleton Common to Groton meeting-house, and adjoining southerly on the land owned by the trustees of Groton Academy; and that they had a right of way from the north side of said close, over the academy lot, to the highway in front of the same, and that the defendant, on the 21st of October 1841, and on divers other days, stopped up and obstructed the said way. The defendant pleaded the general issue, and, in…
1Opinion of the CourtShaw, C. J.
The question is, whether the plaintiffs, owners of an estate adjoining the academy lot, acquired a right of way over that lot, by the adverse and uninterrupted use of such way, *39by themselves and the former owners and occupiers of the estate, under the circumstances set forth in the report. The rule we think is, that where a tract of land, attached to a public building, such as a meeting-house, town house, school house, and the like, and occupied with such house, is designedly left open and unenclosed, for convenience or ornament, the passage of persons over it, in common with those for whose…
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