Merrill v. Newton

McGrath, C. -J.

Defendant sold to plaintiff blocks 66 and 67 of Newton’s addition to the village of St. Louis, according to a certain plat. The 'plat shows a street, denominated “Prospect Street,” running east and west, immediately south of the premises conveyed. Defendant owns the land on the south side of Prospect street, and Uses this street in getting to and from his premises. Plaintiff built a fence in Prospect street, about seven feet sotith of the south line of said blocks. Defendant destroyed the fence, and plaintiff brings trespass, insisting that, • inasmuch as the village…