Schmidt v. Quinn
Massachusetts Supreme Judicial Court
Tort for obstructing an alleged right of way over the land of the defendant. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The defendant’s lot of land bounded on Meadow Street in Needham, and the plaintiff’s lot was directly in the rear of it, and did not bound on any street. The two lots were at one time but one, and were owned by the defendant’s husband, who is now dead.
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Tort for obstructing an alleged right of way over the land of the defendant. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The defendant’s lot of land bounded on Meadow Street in Needham, and the plaintiff’s lot was directly in the rear of it, and did not bound on any street. The two lots were at one time but one, and were owned by the defendant’s husband, who is now dead. In 1859, the rear lot was set off on execution against the husband to William Dewing, who, in 1866, conveyed it to the plaintiff. Neither the set-off nor the…
1Opinion of the CourtField, J.
There was evidence'for the jury that the plaintiff had, as appurtenant to his lot, a right of way by necessity over the defendant’s lot. If the title to the plaintiff’s lot had been acquired by grant from the owner of the two lots, this would be evident; for when land is conveyed which is inaccessible without trespass, except by passing over the land of the grantor, a right of way by necessity is presumed to be granted ; otherwise, the grant would be practically useless. Indeed, it has been held that all that is required is that a way over the grantor’s land be reasonably necessary for the…
2Cases cited4 opinions
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Oliver v. PitmanMassachusetts Supreme Judicial Court · 1867
- Pernam v. WeadMassachusetts Supreme Judicial Court · 1806
- Bass v. EdwardsMassachusetts Supreme Judicial Court · 1879
3Cited by22 opinions
- Mt. Holyoke Realty Corp. v. Holyoke Realty Corp.Massachusetts Supreme Judicial Court · 1933
- Dubinsky v. CamaMassachusetts Supreme Judicial Court · 1927
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Ritchey v. WelshIndiana Supreme Court · 1898
- Herrin v. SiebenMontana Supreme Court · 1912
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