McCusker v. Spier
Supreme Court of Connecticut
Action to recover damages for the obstruction of a pass-way, and for an injunction, brought to the Superior Court in New Haven County where the plaintiffs’ demurrer to certain parts of the answer was sustained (Prentice, J".), and the cause was afterwards tried to the jury before Shumway, J.; verdict and judgment for $200 damages against the defendant Straus, and appeal by him for alleged errors in the rulings and charge of the court.
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Action to recover damages for the obstruction of a pass-way, and for an injunction, brought to the Superior Court in New Haven County where the plaintiffs’ demurrer to certain parts of the answer was sustained (Prentice, J".), and the cause was afterwards tried to the jury before Shumway, J.; verdict and judgment for $200 damages against the defendant Straus, and appeal by him for alleged errors in the rulings and charge of the court. The appellant also appealed from the refusal of the trial court to grant his motion for a new trial upon the ground of a verdict against evidence. The case is…
1Opinion of the CourtBaldwin, J.
The plaintiffs recovered judgment for substantial damages against Straus, one of the defendants, for the obstruction of a pass way over his land. It was a way by grant, and at the time of the delivery to them of the deed of grant there were certain fences and buildings on the servient tenement which would have constituted obstructions to its use for a way had this been attempted, and access to it from the dominant tenement was completely barred by a building standing upon that.
The words of conveyance used in the deed, “ give, grant, bargain, sell, confirm, remise, release and forever…
2Cases cited7 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Bissell v. DickersonSupreme Court of Connecticut · 1894
- Palmer v. Hartford Fire InsuranceSupreme Court of Connecticut · 1887
- State v. LeeSupreme Court of Connecticut · 1897
- Nichols v. PeckSupreme Court of Connecticut · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Murray v. KrenzSupreme Court of Connecticut · 1920
- Home Owners' Loan Corp. v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1937
- State v. FaatzSupreme Court of Connecticut · 1910
- Earley v. HallSupreme Court of Connecticut · 1915
- Fidelity & Casualty Co. v. PalmerSupreme Court of Connecticut · 1917
11 more not listed; retrieve them via the Exa API.