Whitehouse v. Cummings
Supreme Judicial Court of Maine
On exceptions. This was an action on the ease, tried in the Superior Court for Kennebec County, *l:o recover damages for obstructing an alleged right of way from the plaintiff’s wood lot over and across the defendant’s land to the highway. Plea, general issue. Tire verdict was for the plaintiff.
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On exceptions. This was an action on the ease, tried in the Superior Court for Kennebec County, *l:o recover damages for obstructing an alleged right of way from the plaintiff’s wood lot over and across the defendant’s land to the highway. Plea, general issue. Tire verdict was for the plaintiff. It appeared from the bill of exceptions, that one Leander Yeaton was the former owner of a lot of land in Belgrade, lying east of a certain highway called "The Wintlirop Road,” bounded as follows : west, by a school-house lot and by said highway; said school-house lot being two rods square, lying…
1Opinion of the CourtVirgin, J.
This is an action on the case for obstructing the plaintiff’s alleged right of way of necessity across the defendant’s land and a school district lotto a highway.
The defendant contends, contrary to the instruction to the jury, that the plaintiff was not entitled to a right of way of necessity over his grantor’s remaining land, for the reason that, when his parcel was conveyed to him, it was bounded in part by the land of strangers and not wholly by that of his grantor. We are of opinion, however, that his contention is contrary to principle and the overwhelming current of authority.
*97Such a…
2Cases cited9 opinions
- Smyles v. . HastingsNew York Court of Appeals · 1860
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- Holmes v. SeelyNew York Supreme Court · 1838
- Collins v. PrenticeSupreme Court of Connecticut · 1842
- Myers v. DunnSupreme Court of Connecticut · 1881
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3Cited by14 opinions
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