May v. Smith

delivered tbe opinion of tbe court.

Tbis is an action of trespass on tbe case, brought for an alleged obstruction of tbe plaintiff’s right of way over land belonging to tbe defendant. The way is described in tbe declaration, as follows:

■ “An alley, or way of eleven feet seven and a half inches wide, leading from tbe alley heretofore laid out in said square [456] by tbe commissioners in tbe division of said square between tbe original proprietors and them, and thence to tbe north end of the above described moiety herein conveyed.”

Tbe declaration bad previously averred that tbe plaintiff was…