Morey v. Fitzgerald
Supreme Court of Vermont
Trespass. Plea, the general issue with notice. Trial by jury, April Term, 1883, Royce, Ch. J., presiding. Yerdict for the defendant. The defendant’s evidence tended to show that the road was dangerous and impassible for weeks at a time, sometimes by reason of washouts and at other times by reason of snow drifts and ice. There was no evidence that would justify the jury in finding that it was necessary for the defendant to pass over the plaintiff’s land.
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Trespass. Plea, the general issue with notice. Trial by jury, April Term, 1883, Royce, Ch. J., presiding. Yerdict for the defendant. The defendant’s evidence tended to show that the road was dangerous and impassible for weeks at a time, sometimes by reason of washouts and at other times by reason of snow drifts and ice. There was no evidence that would justify the jury in finding that it was necessary for the defendant to pass over the plaintiff’s land. These obstructions were not sudden, unforeseen, and temporary, but on the contrary permanent, continuous, and notorious; the defendant knew…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The evidence on the part of the plaintiff tended to show that for about six years next before the commencement of this suit, the defendant was in the habit of driving his horse and carriage outside of said pent-road on to plaintiff’s meadow, thereby cutting up the soil thereof and trampling down the grass then and there growing; but the particular times when said supposed trespasses were committed were left wholly indefinite. The defendant justified, for that at the said several times when, etc., said road was dangerous and impassible,…
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