Begin v. Barone

The defendants placed a fence across a travelled way. The plaintiffs Begin and Courcey, as users, brought a declaratory judgment action in equity, claiming a right of way in themselves and also in the public generally. The defendants challenged the bill of complaint on the basis that it failed to put forward any ground for equitable relief. They also contested each claim of right in the passageway made by the plaintiffs.

The way is located in the City of Burlington. It is identified on maps published by the city as Pine Place, and runs between Pine street and St. Paul Street. As it leaves Pine…