Green v. Stockwell
Supreme Court of Vermont
Trespass quare clausum. Plea, the general- issue, with notice of a public way and of a prescriptive right of way in defendants. Trial by jury at the December Term, 1911, Bennington County, Waterman, J., presiding. Verdict for the plaintiff and judgment thereon. The defendants excepted.' The opinion states the case.
1Opinion of the CourtPowers, C. J.
-The declaration is trespass quare clausum, and counts on acts done on May -28, 1910, and on divers other days- between that date and the date of the writ. The plea is *461the general issue, with a notice setting up a public way and a prescriptive right of way across the land.
It appeared at the trial that in 1896, when the plaintiff bought the land in question, there was an opening in the wall at the south-west corner of the field, through which the defendants and others had been accustomed to pass in crossing from the highway through the plaintiff’s field to the so-called Bast Road, near which…
2Cases cited4 opinions
- State v. McDonnellSupreme Court of Vermont · 1860
- Kimball v. LaddSupreme Court of Vermont · 1870
- Ware v. ChildsSupreme Court of Vermont · 1909
- Barngrover v. MaackMissouri Court of Appeals · 1891
3Cited by5 opinions
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- York v. Partridge's EstateSupreme Court of Vermont · 1926
- State v. MaySupreme Court of Vermont · 1996
- State v. MaySupreme Court of Vermont · 1996