Raughtigan v. Norwich Nickel & Brass Co.
Supreme Court of Connecticut
Action to recover damages for obstructing a right of way, brought to the Superior Court in New London County and tried to the jury before Shumway, ■J verdict and judgment for the plaintiff, and appeal by the defendant. The complaint was in two counts. Each alleged the plaintiff’s ownership of a described piece of real estate, with a right of way over an adjoining lane which gave access to a near-by street.
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Action to recover damages for obstructing a right of way, brought to the Superior Court in New London County and tried to the jury before Shumway, ■J verdict and judgment for the plaintiff, and appeal by the defendant. The complaint was in two counts. Each alleged the plaintiff’s ownership of a described piece of real estate, with a right of way over an adjoining lane which gave access to a near-by street. The first count averred the construction and maintenance of a building upon this lane by the defendant, and a consequent interference with the plaintiff’s right of passage. The second count…
1Opinion of the CourtCase, J.
The will of John Raughtigan was properly admitted, and rightly construed by the court in the charge to the jury. It is true that the third clause starts by devising “all the rest and residue of my real estate/’ but this is carefully qualified and restricted by what follows to property clearly located on the north side of the lane in question. Whatever uncertainty may have existed as to the precise position of the small strip of land involved in this action, it confessedly lies outside the limits of the tract so devised. If the effect of bringing this strip within the control of the third…
2Cases cited1 opinion
- Emery v. CooleySupreme Court of Connecticut · 1910
3Cited by10 opinions
- Rathkopf v. PearsonSupreme Court of Connecticut · 1961
- Bass v. DehnerCourt of Appeals for the Tenth Circuit · 1939
- Warren v. DuvalSupreme Court of Connecticut · 1938
- Rhode Island Hospital Trust Company v. VotolatoSupreme Court of Rhode Island · 1967
- Crane v. ManchesterSupreme Court of Connecticut · 1956
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