Post v. Pearsall
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. This was an action of trespass quare clausum fregit, brought by Pearsall against Post, for entering upon the land of the plaintiff, prostrating his fences and depositing a quantity of manure.
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Error from the supreme court. This was an action of trespass quare clausum fregit, brought by Pearsall against Post, for entering upon the land of the plaintiff, prostrating his fences and depositing a quantity of manure. The defendant pleaded non cul. and gave notice with his plea that he would give in evidence in bar of a recovery, that at the time when, &c. and long before there was and had been, on the close of the plaintiff, a common public highway and landing on the east side of .Hempstead Harbor, for all the citizens and inhabitants of the state of New York, to go, return, pass and…
1Opinion of the Court
After advisement, the following opinions were delivered :
By the Chancellor.
Nearly the whole law on the subject of customary rights, easements, and public highways, and places in the nature of highways or public walks for health or recreation, and also of dedications for charitable or pious purposes, and the various decisions on these subjects, both in this country and in England, are collected in the very learned and elaborate opinion of Mr. Justice Cowen, who gave the reasons for the decision of the supreme court in this case, and in the case of Pearsall v. Hewlett, which is also before us…
2Cases cited14 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
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3Cited by92 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Mayor of Macon v. FranklinSupreme Court of Georgia · 1852
- Buntin v. City of DanvilleSupreme Court of Virginia · 1896
- Carter v. City of PortlandOregon Supreme Court · 1873
- Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
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