Botsford v. Wallace
Supreme Court of Connecticut
Suit for ail injunction to restrain the defendant from obstructing a pass-way, brought to the Superior Court in New Haven County and tried to the court, Shumway, J. ; facts found and judgment rendered for the defendant, and appeal bj1- the plaintiff for alleged errors in the rulings of the court.
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Suit for ail injunction to restrain the defendant from obstructing a pass-way, brought to the Superior Court in New Haven County and tried to the court, Shumway, J. ; facts found and judgment rendered for the defendant, and appeal bj1- the plaintiff for alleged errors in the rulings of the court. The material facts, as stated in the finding, were as follows :— Lorenzo Lewis, being owner of a lot of land bounded westerly on Main street in Wallingford, on which were two stores with a passage way between, conveyed to Lewis A. Young and another, the plaintiff’s grantor, in 1871, by quitclaim…
1Opinion of the CourtBaldwin, J.
No absolute and perpetual right of way was granted by Lorenzo Lewis in his deed of 1871. He stipulated only that “ while,” that is, so long as the south half of the back yard in the rear of the store on the granted premises might be used by him in common with the grantees, they should be “ granted and allowed ” a pass-way ten feet wide on the south side of their lot. •
It is not clear whether this contemplated user by him was a reserved right, or a mere privilege terminable at the pleasure of his grantees; nor whether it was a right or privilege personal to himself, or could be claimed to be a…
2Cases cited1 opinion
- Gulliver v. FowlerSupreme Court of Connecticut · 1894
3Cited by7 opinions
- Schroeder v. TaylorSupreme Court of Connecticut · 1926
- Koennicke v. MaioranoConnecticut Appellate Court · 1996
- F. & AK, INC. v. SleeperSupreme Court of Connecticut · 1971
- Alderman v. Town of West HavenSupreme Court of Connecticut · 1938
- Patzloff v. KasperovichSupreme Court of Connecticut · 1933
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