Rotch's Wharf Co. v. Judd
Massachusetts Supreme Judicial Court
Tort for trespassing on a close in Hew Bedford of the plaintiffs, who were a corporation chartered by the St. of 1831, a. 88. Writ dated August 28,1869. The answer justified the acts that constituted the alleged trespass, under a claim of a right of way in Benjamin Rodman, and his tenants and agents, to cross the close for access to a warehouse on adjoining land which the defendant occupied as Rodman’s tenant under a lease dated in 1869. At the trial in the superior court,…
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Tort for trespassing on a close in Hew Bedford of the plaintiffs, who were a corporation chartered by the St. of 1831, a. 88. Writ dated August 28,1869. The answer justified the acts that constituted the alleged trespass, under a claim of a right of way in Benjamin Rodman, and his tenants and agents, to cross the close for access to a warehouse on adjoining land which the defendant occupied as Rodman’s tenant under a lease dated in 1869. At the trial in the superior court, before Scudder, J., the defendant sought to prove the right of way by evidence of an open, adverse and uninterrupted use…
1Opinion of the CourtChapman, C. J.
The first four exceptions relate to the questions put to William J. Rotch, a witness for the plaintiffs,- and his answers. To understand them properly, it is necessary to advert to the points to which they relate, and the situation of the witness. The defendant claimed a right of way over the wharf to a warehouse which he occupied under a lease from Benjamin Rod* *227man, and contended that Rodman had acquired the right by adverse user. The wharf was open and uninclosed, and used as a public wharf. The witness was a nephew of Rodman, had known the locus since 1845, and for ten or fifteen years…
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