Pingree v. McDuffie
Supreme Court of New Hampshire
From Rockingham Circuit Court. Trespass, qu. el.fr., for breaking and entering the plaintiff’s close, situate in Auburn, — marked B on the plan hereto annexed, — between July 1,1873, and August 14, 1873, and depasturing his ■ grass, and damaging his crops by his cattle and teams. Plea, the general issue, with a brief statement claiming a right of way by prescription and of necessity.
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From Rockingham Circuit Court. Trespass, qu. el.fr., for breaking and entering the plaintiff’s close, situate in Auburn, — marked B on the plan hereto annexed, — between July 1,1873, and August 14, 1873, and depasturing his ■ grass, and damaging his crops by his cattle and teams. Plea, the general issue, with a brief statement claiming a right of way by prescription and of necessity. The action was referred to a referee, who reported as follows: “ It appeared that one Rufus Anderson owned for many years the premises shown on said plan marked A and B; that there was for more than fifty years a…
1Opinion of the Court
FROM ROCKINGHAM CIRCUIT COURT. Chancellor KENT (3 Kent's Com. Dig. 422) says, — "The weight of authority is, that the grantor has a right of way to his remaining land, in case of necessity, when he cannot otherwise approach his land. The law presumes a right of way reserved, or, rather, gives a new way, from the necessity of the case, and the new right of way ceases with the necessity for it. This principle of law has been for a long time recognized." He cites Packer v. Wellstead, 2 Sid. 39, Dutton v. Taylor, 2 Lutw. 1487, and Howton v. Frearson, 8 T. R. 50. In this latter case, Lord KENYON…
2Cited by2 opinions
- Bradley v. PattersonSupreme Court of New Hampshire · 1981
- Bradley v. PattersonSupreme Court of New Hampshire · 1981