Nichols v. Peck
Supreme Court of Connecticut
Action in the nature of trespass quare clausum fregit, brought originally before a justice of the peace and thence by the plaintiff’s appeal to the Court of Common Pleas for Hartford County, and tried to the court, Calhoun, J. ; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the ruling of the court.
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Action in the nature of trespass quare clausum fregit, brought originally before a justice of the peace and thence by the plaintiff’s appeal to the Court of Common Pleas for Hartford County, and tried to the court, Calhoun, J. ; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the ruling of the court. Two other cases—Nichols v. Frank Hutchinson and Nichols v. Levi Hutchinson—identical in their facts, were tried and argued with the foregoing case. In the Court of Common Pleas the defendant in each case pleaded in justification a right of…
1Opinion of the CourtBaldwin, J.
In 1885 the defendant Peck had acquired, by an adverse user of forty years, a prescriptive right to a way about forty-three rods in length, over a farm now owned by the plaintiff, between a certain lot called the J ones lot, which was wholly inclosed by that farm, and the highway. The way was not defined by any worn track, but had always been traveled in substantially the same course, running for half its length through a narrow swale, and connecting with the highway through a certain bar-way. In that year the grade of the highway was so lowered by the town authorities as to make the bar-way…
2Cases cited5 opinions
- Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898
- Foot v. New Haven & Northampton Co.Supreme Court of Connecticut · 1854
- Danforth v. AdamsSupreme Court of Connecticut · 1860
- Smith v. City Council of RomeSupreme Court of Georgia · 1855
- Winsted Hosiery Co. v. New Britain Knitting Co.Supreme Court of Connecticut · 1897
3Cited by20 opinions
- Holt v. WissingerSupreme Court of Connecticut · 1958
- Birdsey v. KosienskiSupreme Court of Connecticut · 1953
- Kuras v. KopeSupreme Court of Connecticut · 1987
- Smith v. MuellnerSupreme Court of Connecticut · 2007
- Richardson v. TumbridgeSupreme Court of Connecticut · 1930
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