Bradley's Fish Co. v. Dudley
Supreme Court of Connecticut
Trespass on the case, for the obstruction of a way claimed by the plaintiffs over the land of the defendant; brought to the Court of Common Pleas of New Haven county and tried to the jury, on the general issue with notice, before Bronson, J. On the trial the plaintiffs claimed, and offered evidence to prove, that they were a voluntary association, located in Madison, and owning a fish house, fish place, seine and reel, and other fishing apparatus, at Bradley’s fish place, on…
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Trespass on the case, for the obstruction of a way claimed by the plaintiffs over the land of the defendant; brought to the Court of Common Pleas of New Haven county and tried to the jury, on the general issue with notice, before Bronson, J. On the trial the plaintiffs claimed, and offered evidence to prove, that they were a voluntary association, located in Madison, and owning a fish house, fish place, seine and reel, and other fishing apparatus, at Bradley’s fish place, on Madison harbor, and had been engaged in the fishing business there for sixty years, and had been accustomed to use the…
1Opinion of the Court
Seymour, J
The plaintiffs are a voluntary association and sue as such by virtue of a recent statute. The action is for obstructing an alleged right of way. In the first count of the declaration the way is described as being appurtenant to Bradley’s fish place and as leading from that place over the defendant’s land to a public highway. In the motion for a new trial it appears that the plaintiffs offered evidence to show that they owned a fish house, fish place, seine, &c., at Bradley’s fish place, and that they had a right to use the way by prescription or local custom or both.
It was conceded…
2Cases cited1 opinion
- Hickox v. ParmeleeSupreme Court of Connecticut · 1851
3Cited by21 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Thomas v. EnglandCalifornia Supreme Court · 1886
- Roediger v. CullenWashington Supreme Court · 1946
- Klein v. DeRosaSupreme Court of Connecticut · 1951
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
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