Hart v. Chalker
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit ; tried at Haddam, August term, 1823, before Chapman, J. The plaintiff claimed title to the locus in quo, by virtue of a deed of a farm of land from Samuel Lynde to Nathaniel Shaw ; and by several intermediate conveyances from Shaw to the plaintiff, all which referred to that deed, for the description and boundaries of the land conveyed.
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This was an action of trespass quare clausum fregit ; tried at Haddam, August term, 1823, before Chapman, J. The plaintiff claimed title to the locus in quo, by virtue of a deed of a farm of land from Samuel Lynde to Nathaniel Shaw ; and by several intermediate conveyances from Shaw to the plaintiff, all which referred to that deed, for the description and boundaries of the land conveyed. The boundaries specified in such deed included the locus in quo ; but it contained a reservation in these words : “ reserving on the highways through the said farm.” The defendants proved, that the locus in…
1Opinion of the Court
Hosmer, Ch. J.
A way, whether public or private, is the right of going over another man’s ground. 2 Black. Comm. 34. The owner of the land retains all the title he ever had, encumbered only with the right of passage ; and may vindicate every damage to his property, with the exception of the travel across it, by an action of trespass. Lade v. Shepherd, 2 Stra. 1004. Stevens v. Whistle, 11 East, 51. Peck v. Smith, 1 Conn. Rep. 103. It is, therefore, unquestionable, that the defendants had no right to dig the soil, and put up their reel and capstan, by virtue of the highway.
If the plaintiff had…
2Cases cited1 opinion
- Peck v. SmithSupreme Court of Connecticut · 1814
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