Quimby v. Straw
Supreme Court of New Hampshire
Case, for obstructing a way; also, Assumpsit, for the income or use of the plaintiff’s undivided interest in certain real estate-fixtures ; also, Motion, for leave to amend by filing a bill in equity in aid of the action at law.
Read the full summary
Case, for obstructing a way; also, Assumpsit, for the income or use of the plaintiff’s undivided interest in certain real estate-fixtures ; also, Motion, for leave to amend by filing a bill in equity in aid of the action at law. Facts found, and case transferred from the superior court, by Wallace, C. J. In 1870, the plaintiff’s grantor owned a lot of land twenty-five feet in width on the south side of Hanover street in Manchester,, and the defendants or their grantors owned an adjoining lot seventy-five feet in width. The owners built a four-story block covering both lots, having a party…
1Opinion of the CourtChase, J.
There are two reasons why the plaintiff had no way of necessity, as claimed by him, over the stairways and passageways in the portion of the building upon the defendants’ land: (1) There was no necessity for such a way. The plaintiff’s land adjoined a public street on one side, and after the defendants erected the wall in the third and fourth stories of the building the plaintiff constructed stairways in his portion of the building between those stories and the street. (2) There was no grant by an owner of both lots from which the grant of a way of necessity could be implied. “ A way by…
2Cases cited2 opinions
- Ellis v. Blue Mountain Forest Ass'nSupreme Court of New Hampshire · 1898
- Batchelder v. HibbardSupreme Court of New Hampshire · 1878
3Cited by3 opinions
- Hodsdon v. KennettSupreme Court of New Hampshire · 1905
- Bruchhausen v. WaltonSupreme Court of New Hampshire · 1971
- James Boyle, Individually and as Trustee of the 150 Greenleaf Avenue Realty Trust v. City of PortsmouthSupreme Court of New Hampshire · 2020