Tyler v. Sturdy
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in Attle borough. At the trial in the superior court, before Scudder, J., the defendant admitted his liability to nominal damages unless he had a right of way or a right to pass over the plaintiff’s land and contended that a public footpath existed over it, by dedicatian and use, prescription and immemorial usage, between two roads, and that, as one of the public, he had a right to travel on this footpath, which was…
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Tort for breaking and entering the plaintiff’s close in Attle borough. At the trial in the superior court, before Scudder, J., the defendant admitted his liability to nominal damages unless he had a right of way or a right to pass over the plaintiff’s land and contended that a public footpath existed over it, by dedicatian and use, prescription and immemorial usage, between two roads, and that, as one of the public, he had a right to travel on this footpath, which was wherein the alleged trespass consisted. His counsel stated to the jury the various modes in which rights of way may lawfully…
1Opinion of the CourtGray, J.
By the common law of England, foot ways for the use of the public were one of the kinds of public ways, and might be created by dedication or prescription. Co. Lit. 56 a. Thrower’s case, 1 Ventr. 208. The Queen v. Saintiff, Holt, 129 ; S. C. 6 Mod. 255. The Queen v. Cluworth, 6 Mod. 163; S. C. 1 Salk. 359; Holt, 339. Rex v. Burgess, 2 Burr. 908. Mercer v. Woodgate, Law Rep. 5 Q. B. 26. This part of the English law, being manifestly adapted to the condition of our ancestors upon their settlement of this country, was part of the common law which they brought with them, claiming it as their…
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