Hamilton v. Dennison
Supreme Court of Connecticut
Action for obstructing a passway which the plaintiff claimed the right to use; brought to the Court of Common Pleas in New Haven County and tried to the court, upon a general denial, before Studley, J. The following facts were found by the court.* On March 10th, 1834, Thomas Smith, who then owned a tract of land in New Haven which included the premises described in the complaint and now occupied by the plaintiff, and the premises of the defendant, including the pass-way…
Read the full summary
Action for obstructing a passway which the plaintiff claimed the right to use; brought to the Court of Common Pleas in New Haven County and tried to the court, upon a general denial, before Studley, J. The following facts were found by the court.* On March 10th, 1834, Thomas Smith, who then owned a tract of land in New Haven which included the premises described in the complaint and now occupied by the plaintiff, and the premises of the defendant, including the pass-way mentioned in the complaint, conveyed by deed of that date the premises now occupied'by the plaintiff, with a right to use…
1Opinion of the CourtPark, C. J.
This action was brought to recover damages for obstructing a passway, which the plaintiff claimed the right to use free from all obstructions.
The right of way was granted in the year 1834 by a deed conveying certain premises to one Allen, the grant being in these words:—“ With a right or privilege to use the passway on the easterly side of m v house in passing and re-passing from his house to the highway.”
The premises conveyed, together with the right of ■ way, came by regular conveyances to the lessor of the plaintiff, and the latter has occupied them as tenant-at-will for the *368last twenty…
2Cited by7 opinions
- Greist v. AmrhynSupreme Court of Connecticut · 1907
- Richard Paul, Inc. v. Union Improvement Co.Court of Chancery of Delaware · 1952
- Gaffney v. PesceSupreme Court of Connecticut · 1956
- Bonds v. SmithCourt of Appeals for the D.C. Circuit · 1944
- Richard Paul, Inc. v. Union Improvement Co.Court of Chancery of Delaware · 1952
2 more not listed; retrieve them via the Exa API.