Pearsall v. Post
New York Supreme Court
The first of these cases was an action of trespass quare clausum fregit, for entering upon the land of the plaintiff, tearing down fences and depositing upon his land a quantity of manure» The second was an action of assault and battery, attempted to be justified upon the same grounds that the entry upon the lands were sought to be justified. Both causes were tried before the Hon. Charles H. Ruggles, one of the circuit judges.
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The first of these cases was an action of trespass quare clausum fregit, for entering upon the land of the plaintiff, tearing down fences and depositing upon his land a quantity of manure» The second was an action of assault and battery, attempted to be justified upon the same grounds that the entry upon the lands were sought to be justified. Both causes were tried before the Hon. Charles H. Ruggles, one of the circuit judges. The plaintiff is the owner of a farm in the town of North Hempstead, in the county of Queens, on Long Island, adjoining Hempstead harbor, which has belonged to his…
1Opinion of the Court
By í/¿e Court, Cowen, J.
Assuming that the law will notice and enforce the right setup, and the sort of testimony introduced by the defendant, we perceive no foundation for granting a new trial, on the ground that the verdict was against the weight of evidence. There was enough to warrant the jury in finding for the.defendant. Nor can any fault be found with the judge’s charge, which put the defence to them with every qualification under which the most cautious judges have allowed the class of presumptive easements. He distinctly admonished them that before the defendant would be entitled to…
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