Heuer v. Webster

By this writ of error it is sought to reverse a judgment for costs rendered on a directed verdict in favor of defendant in error, Webster, the defendant below. Heuer, the plaintiff, brought suit to recover damages resulting from Webster’s tearing up a cement driveway laid by Heuer, at his own expense, on a strip of ground ten feet wide, one-half thereof being on Webster’s lot and the other half on Heuer’s, over which they had, by a deed hereinafter referred to, a common right of way.

An apartment building stands on each lot and each is flush with the strip, Webster’s with the north and Heuer’s…