Phœnix Insurance v. Haskett

The opinion of the court was delivered by

Cunningham, J. :

This was an action by the plaintiff below, who is the plaintiff in error here, to enjoin the continued obstruction of a private way across the lands of the defendant in error, along which it claimed a right to pass. The trial court made special findings of fact, and it seems from these, aided by the evidence introduced, which we have looked into, that the grantor of the plaintiff in error made an oral agreement with the grantor of the defendant in error some eighteen or twenty years ago, by which they should have certain mutual rights…