Connor v. Sullivan
Supreme Court of Connecticut
Trespass qu. cl. fr., brought to the Court of Common Pleas for New London County, and tried to the court on the general issue, with notice of a claim of right of way, before Willey, J. On the trial the plaintiff showed title by deed to the premises described in the declaration; and the defendant claimed that he was entitled to a right of way over the same.
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Trespass qu. cl. fr., brought to the Court of Common Pleas for New London County, and tried to the court on the general issue, with notice of a claim of right of way, before Willey, J. On the trial the plaintiff showed title by deed to the premises described in the declaration; and the defendant claimed that he was entitled to a right of way over the same. The premises lie in front of the defendant’s house, access to which from the street is inconvenient, if not made over the premises. The defendant introduced evidence to show, and claimed that he had shown, that he and liis grantor had…
1Opinion of the CourtSeymour, J.
The defendant claimed a way over the plaintiff’s land by user, the issue being to the court. The judge finds that the defendant and his grantor had used the way continuously for a period of more than fifteen years under a claim of right adversely to the claims of the plaintiff and his grantors. The issue is thereupon found for the defendant.
The plaintiff asks for a new trial by reason of the following facts. In 1861 the plaintiff’s grantor forbade the defendant using the way, and commenced putting up a fence to prevent the use. The defendant told him that if he erected the fence he would tear…
2Cited by8 opinions
- Woycik v. WoycikConnecticut Appellate Court · 1988
- Brayden v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- McGibney v. Waucoma Yacht Club, Inc.Supreme Court of Connecticut · 1962
- Rothery v. MacDonaldMassachusetts Supreme Judicial Court · 1952
- Conness v. Pacific Coast Joint Stock Land Bank of San FranciscoArizona Supreme Court · 1935
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