Standish v. Parker
Massachusetts Supreme Judicial Court
The respondents brought an action of trespass on the case against the petitioner and one Smith,* who is since deceased, for obstructing a way claimed as appurtenant to the respondents’ land, by erecting a store upon the land over which the way was said to run, so near to the respondents’ store that they could not open their doors or windows. The respondents derived their title to the right of way from a deed made in 1769, by Joseph Russell to Benjamin Taber.
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The respondents brought an action of trespass on the case against the petitioner and one Smith,* who is since deceased, for obstructing a way claimed as appurtenant to the respondents’ land, by erecting a store upon the land over which the way was said to run, so near to the respondents’ store that they could not open their doors or windows. The respondents derived their title to the right of way from a deed made in 1769, by Joseph Russell to Benjamin Taber. The action was tried upon the 'general issue, at the sittings at Taunton after October term 1819, when a verdict was found for the…
1Opinion of the Court
Parker C. J.
Although we are satisfied, that upon general principles and upon principles of sound policy, we should be exceedingly cautious of granting new trials where there has been once an opportunity to exhibit the whole matter of a case before the jury, we have nevertheless, at least some of us, been inclined to yield in this instance, from an apprehension which we all entertained, that the verdict sought to be removed would bind the petitioner for ever and conclusively, and all who are or may be privy in estate, upon the right set up by the respondents to have the front of their store'…
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- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Young v. BlackSupreme Court of the United States · 1813
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Jackson ex dem. Genet v. WoodNew York Supreme Court · 1829
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3Cited by1 opinion
- State ex rel. Coleman v. City of LeavenworthSupreme Court of Kansas · 1907