Cooper v. McBride
Superior Court of Delaware
Trespass quare clausem fregit. The locus in quo was a private lane and way between the premises of the parties on which they respectively resided in Camden, and extending from the main street of the town back to the rear of both of their lots, where each had a stable and pound opening into it, and which had the appearance of being old buildings as early as the year 1814. According to the evidence, the lane had always been without any gate, or bars on Main street, until the…
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Trespass quare clausem fregit. The locus in quo was a private lane and way between the premises of the parties on which they respectively resided in Camden, and extending from the main street of the town back to the rear of both of their lots, where each had a stable and pound opening into it, and which had the appearance of being old buildings as early as the year 1814. According to the evidence, the lane had always been without any gate, or bars on Main street, until the plaintiff proceeded to erect a gate across it and fastened it with a lock and chain. Previous to that time the lane had…
1Opinion of the Court
The Court.
But as the alleged act of trespass is admitted and justified by the only plea entered in the case, the burthen of establishing the justification of it is on the defendant and gives him the right to open and conclude.
Smithers, (Ridgely with him) for the defendant.
The defendant had a right to abate the obstruction. Woolw. on Ways, 257. 4 Law Libr. 205. Com. on Landl. & Ten. 247. 6 Law Libr. 138. Proud v. Holles, 8 E. C. L. Rep. 7. The doctrine of acquiring a right to an easement by user is in analogy to the statute of limitations. 2 Greenl. Ev. secs. 539, 543. 3 Kent's Com. 567. 2…
2Cases cited2 opinions
- Miller v. GarlockNew York Supreme Court · 1850
- Archdale v. MooreIllinois Supreme Court · 1858
3Cited by1 opinion
- Everett W. Jones, III v. William T. CollisonCourt of Chancery of Delaware · 2022