Nudd v. Hobbs
Superior Court of New Hampshire
Trespass for breaking and entering the plaintiff’s close, &c. The defendant pleaded in justification, 1. A right of way, common to all the inhabitants of Hampton, over the land where the alleged trespasses were committed, to the shore of the Atlantic ocean. 2. A customary right and privilege on the part of the defendant, as an. inhabitant of the town of Hampton, to collect and carry away sea-weed and rock-weed from the shore of said ocean, and that he entered upon and passed…
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Trespass for breaking and entering the plaintiff’s close, &c. The defendant pleaded in justification, 1. A right of way, common to all the inhabitants of Hampton, over the land where the alleged trespasses were committed, to the shore of the Atlantic ocean. 2. A customary right and privilege on the part of the defendant, as an. inhabitant of the town of Hampton, to collect and carry away sea-weed and rock-weed from the shore of said ocean, and that he entered upon and passed over the lands of the plaintiff, .which adjoin said ocean, in the exercise of said privilege. 8. A similar right on the…
1Opinion of the CourtParker, C. J.
The first special plea of the defendant sets forth a right of way in all the inhabitants of the town of Hampton across the plaintiff’s close; and we are of opinion that this is a sufficient plea for the matters attempted to be justified by it. 7 N. H. 236, Perley v. Langley, and authorities there cited. It is not necessary to show an open public highway. There may be a way across the land of an individual, over and along which all persons have a right to pass, with a right in the owner of the soil to keep up gates and bars across it, for the protection of his field. So there may be other…
2Cases cited4 opinions
- Bill v. PorterSupreme Court of Connecticut · 1831
- State v. RollinsSuperior Court of New Hampshire · 1837
- Curson v. MonteiroNew York Supreme Court · 1807
- Perley v. LangleySuperior Court of New Hampshire · 1834