Willoughby v. Jenks
New York Supreme Court
Error from the Kings common pleas. Jenks sued Willoughby in the municipal court of the city of Brooklyn, and declared against him in trespass, for digging up the soil and destroying the grass and herbage of the plaintiff.
Read the full summary
Error from the Kings common pleas. Jenks sued Willoughby in the municipal court of the city of Brooklyn, and declared against him in trespass, for digging up the soil and destroying the grass and herbage of the plaintiff. On the trial the plaintiff' proved that the defendant had caused the ground in a street called Willoughby-street to be dug up and removed; which digging was opposite to two lots owned by the plaintiff bounding upon the street, and upon one of which was erected a school house occupied by him. He also proved that Willoughby-street was dedicated to the public as a street, by…
1Opinion of the Court
By the Court, Cowen, J.
It was certainly a grave question, whether the plaintiff had any title in the soil of this street, usque jilum vice, under deeds bounding him upon it. He did not show that it had been accepted as a public street, but merely that the original proprietors had laid it out as such on a map, and that he had taken his deeds bounding him on the street. As between him and the defendant, perhaps it gave him a right of way. Livingston v. The Mayor, &c. of New-York, 8 Wendell, 85, 99. But that did not of necessity take from the defendant his right of soil. The plaintiff might…
2Cases cited3 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Gidney v. EarlNew York Supreme Court · 1834
- Conner v. President of New AlbanyIndiana Supreme Court · 1819
3Cited by16 opinions
- Lovett v. StateSupreme Court of Florida · 1892
- City of Des Moines v. HallSupreme Court of Iowa · 1868
- Green v. OakesIllinois Supreme Court · 1855
- Lamoure v. CarylNew York Supreme Court · 1847
- Wetmore v. StoryNew York Supreme Court · 1856
11 more not listed; retrieve them via the Exa API.