Winston Brick Manufacturing Co. v. Hodgins

The plaintiff alleged in his complaint “that the defendants designated and stipulated a road a “way of necessity” over their own land to the public highway, the same to be used for the benefit of plaintiff, and described as follows: “This property will have road platted to 'Walkertown or paved highway.” In paragraph 6 of the complaint plaintiff alleged: “That on or about 15 August, 1923, the defendant closed or caused to be closed said road or 'way of necessity’ to the said tract of land.” It was further alleged that, as a result of closing said “way of necessity” the plaintiff sustained…