Hubbard v. Deming
Supreme Court of Connecticut
IN ERROR. This was an action of trespass quare clausum fregit, brought by Stillman N. Deming against Levi Hubbard and Edward Hubbard; tried in the county court for Middlesex county, October term, 1850. The defendants pleaded the general issue, with notice that they would give evidence, in justification of the acts complained of, shewing, that such acts were done by them on the public highway, in the town of Middletown, in removing a fence and other obstructions, erected by…
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IN ERROR. This was an action of trespass quare clausum fregit, brought by Stillman N. Deming against Levi Hubbard and Edward Hubbard; tried in the county court for Middlesex county, October term, 1850. The defendants pleaded the general issue, with notice that they would give evidence, in justification of the acts complained of, shewing, that such acts were done by them on the public highway, in the town of Middletown, in removing a fence and other obstructions, erected by the plaintiff, on such highway, in front of his premises, which prevented the necessary use and enjoyment of the highway,…
1Opinion of the Court
Church, Ch. J.
The defendants requested the court to charge the jury regarding their rights upon the facts which they claimed to have proved; but this was not done. After suggesting some general principles, the instructions to the jury were, that if the plaintiff’s fence “did not obstruct, hinder or endanger the passage of travellers, and did not render the road less commodious to the public,” it was not a nuisance, &c. By this, we understand, and we think the jury did so, that they had only to consider the rights of the travelling public and the plaintiff’s duty as to them, without regard to…
2Cited by5 opinions
- Johnson v. Town of WatertownSupreme Court of Connecticut · 1944
- Harrower v. RitsonNew York Supreme Court · 1861
- Cullen v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1895
- Tiesler v. Town of NorwichSupreme Court of Connecticut · 1900
- Johnson v. Town of WatertownConnecticut Superior Court · 1942