Foster v. Browning
Supreme Court of Rhode Island
Trespass for breaking and entering the plaintiff’s close in South Kingston, trampling down his grass, subverting his soil, casting down his walls, and carting sea-weed across the same ; the declaration containing two counts. To this the defendants pleaded— First. The general issue. Second.
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Trespass for breaking and entering the plaintiff’s close in South Kingston, trampling down his grass, subverting his soil, casting down his walls, and carting sea-weed across the same ; the declaration containing two counts. To this the defendants pleaded— First. The general issue. Second. A prescriptive right of way in the close of the plaintiff, appurtenant to the farm of one Abiel T. Browning, under whom one of the defendant’s justified, as tenant, and the other as servant of the tenant, the passing with carts, &c., in accordance with the right appurtenant, over the close of the plaintiff…
1Opinion of the CourtAmes, C. J.
This is a motion for a new trial, on the ground of misdirection of the jury, by the judge trying the cause, in matter of law. It appears that he, in substance, charged the jury, that if they were satisfied that Elisha Watson, the former owner of the locus, ox, so-claimed, servient estate, had licensed by parol, Abiel T. Browning, his heirs and assigns, as owners or occupiers of the farm appurtenant to which the right of way was claimed, or so-claimed dominant estate, forever-«to use the way, and Browning had expended moneys in opening and building the way on the faith of the license, that the…
2Cases cited8 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Mumford v. WhitneyNew York Supreme Court · 1836
- Prince v. CaseSupreme Court of Connecticut · 1835
- Woodward v. SeelyIllinois Supreme Court · 1849
- Barnes v. BarnesSupreme Court of Vermont · 1834
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