Deluca v. Melin

The opinion of the court was delivered by

Campbell, J.

This is an appeal from a judgment of the Essex County Circuit Court, upon a finding of law and facts by the trial judge, who, by consent of the parties, heard the cause without a jury. The action is in trespass and the complaint is in two counts.

The first count alleges an easement of right of way in respondent over certain lands of the appellant and the obstruction by appellant of the use and benefit thereof hv the respondent.

The second count alleges a dedication and donation of the same strip or parcel of land by appellant to public use…