Gregoir v. Leonard
Supreme Court of Vermont
Case. Heard on general demurrer to the declaration, at the December term, 1898, Addison county, Ross, C. J., presiding. Demurrer overruled and declaration adjudged sufficient. The defendant excepted.
1Opinion of the Court
Watson. J.
The only contention made by the defendant -upon his general demurrer to the declaration is that if the plaintiff has any right of action in the premises, it is in trespass and not in an action on the case.
The allegations in the declaration show a right in the defendant, his servants, and agents, to pass and repass to and from the lands owned and occupied by the defendant, over the described premises of the plaintiff, in and over the *411way in question, upon the condition that in so passing over the plaintiff’s premises they should keep the gates, bars, and fences, which they shall pass…
2Cases cited6 opinions
- Sabin v. Vermont Central RailroadSupreme Court of Vermont · 1853
- Stoughton v. MottSupreme Court of Vermont · 1853
- Stone v. KnappSupreme Court of Vermont · 1857
- Grout v. KnappSupreme Court of Vermont · 1868
- Goodrich v. JudevineSupreme Court of Vermont · 1867
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