Williams v. Safford
New York Supreme Court
Demurrer. The action was trespass quare clausum fregit upon lot No. 68 in the town of Salem. The defendant pleaded several special pleas, and the plaintiff replied specially, and by new assignments. The plaintiff demurred to the 6th, 7th, 8th, 10th and 11th pleas to the new assignments, and the defendant joined in demurrer. The several pleadings, and the questions of law raised by them, are fully set forth in the opinion of the court.
1Opinion of the Court
By the Court, Willard, J,
The demurrer to the sixth plea of the defendant to the several replications and now assignments of the plaintiff, to the 2d, 5th, 6th, 7th, 13th, 14th and 15th pleas in bar, raises the question whether the grantee *310of a private way, which is obstructed by the grantor so that the grantee can not pass, may go out of the way upon the grantor’s land, to avoid said obstruction, doing no unnecessary damage.
The cases relied on by the defendant’s counsel are not analogous to this, but are clearly distinguishable. The owner has a right to retake his goods, on the freehold of…
2Cases cited2 opinions
- Holmes v. SeelyNew York Supreme Court · 1838
- Fowler v. LansingNew York Supreme Court · 1812
3Cited by11 opinions
- McMillan v. . CroninNew York Court of Appeals · 1878
- Shriver v. County Court of Marion CountyWest Virginia Supreme Court · 1910
- Knudson v. FrostSupreme Court of Colorado · 1914
- Streuber v. E. E. Meacham & SonAppellate Division of the Supreme Court of the State of New York · 1914
- Campbell v. RaceMassachusetts Supreme Judicial Court · 1851
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