Sargent v. Hubbard
Massachusetts Supreme Judicial Court
Tort for breaking the plaintiff’s close and cutting off the limb of a tree therein, on August 1,1867. At the trial in the superior court, before Devens, J., the following facts appeared : The defendant conveyed the close to James Sargent, the plaintiff’s father, by deed dated April 18, 1865, “ reserving the right of way over "the above described land between Bryant’s land and the house to my land as usually occupied, subject to gates and bars.”
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Tort for breaking the plaintiff’s close and cutting off the limb of a tree therein, on August 1,1867. At the trial in the superior court, before Devens, J., the following facts appeared : The defendant conveyed the close to James Sargent, the plaintiff’s father, by deed dated April 18, 1865, “ reserving the right of way over "the above described land between Bryant’s land and the house to my land as usually occupied, subject to gates and bars.” On November 25, 1865, James Sargent conveyed the close to the plaintiff. The land of the defendant referred to in the reservation was a lot, adjoining…
1Opinion of the CourtAmes, J.
The lot of land upon which the alleged trespass was committed was conveyed by the defendant to the plaintiff’s grantor, with a reservation of a right of way over it, “ between Bryant’s land and the house, to my (defendant’s) land as usually occupied, subject to gates and bars.” Under this reservation the defendant would have the right to make use of the way, as the same had been marked out or designated by the parties in interest, in any reasonable manner, and according to common usage, for the purpose of taking away the hay, or any other crop, that he might raise upon the land referred to.…
2Cited by5 opinions
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