Legal Opinion

Plimpton v. Converse

Supreme Court of Vermont

Decided November 15, 1871PublishedCited by 13 opinions

Action on the Case for obstructing the plaintiff’s way. Ploa, general issue and trial by jury, Windham county, September term, 1870, Barrett, J., presiding.

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Action on the Case for obstructing the plaintiff’s way. Ploa, general issue and trial by jury, Windham county, September term, 1870, Barrett, J., presiding. The plaintiff is and has been for several years the occupant and part owner of a grist-mill, situated in the village of Wards-boro, and the defendant owns a shop, used as a wheelwright shop, and has connected with it a circular saw and a lazy saw for saw-iiig wood and logs, situated west of and [adjoining] within 101 feet of the north-west corner of said grist mill. The defendant purchased the premises owned and occupied by both parties…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The ruling and charge of the court, against the request of the defendant, was in substance, that an uninterrupted use, under a claim of right, open and notorious, for a period of fifteen years, gave the plaintiff a right of way across the defendant’s close, as much so as if he had a deed from the owner; and that the plaintiff was not bound to show that the defendant had knowledge of his claim of right, otherwise than by showing that his occupancy and use was open and notorious, and of such a character as would indicate to those cognizant of his…

2Cases cited1 opinion

  1. Perrin v. GarfieldSupreme Court of Vermont · 1864

3Cited by13 opinions

  1. Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
  2. Community Feed Store, Inc. v. Northeastern Culvert Corp.Supreme Court of Vermont · 1989
  3. New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
  4. Concklin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
  5. Greenberg v. HadwenSupreme Court of Vermont · 1984

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