Poole v. Greer

Citations

• 22 Del. 220
• 6 Penne. 220
• 65 A. 767
• 1907 Del. LEXIS 12

Syllabus

<p>Case—Damages for Obstructing a Right of Way—Private Way— Public Way—Right of way Appurtenant to Land—Map showing Street—Dedication of Street to Public Use—Measure of Damages—Motion to set aside the Verdict—Damages Excessive—Amount Reduced.</p> <p>1. A right of way may be defined generally, to be a right to pass over the land of another. It may be a private way or a public way. It may belong to one or several persons, or to the entire community.</p> <p>2. Where the owner of land makes a map of it, showing a street upon it, and sells lots abutting on and calling for said street; the purchaser acquires a right to use the said street, against such original owner and subsequent purchases under him. ,</p> <p>3. Such a right of way is appurtenant to the land, and will pass by a deed of the land without express mention of such right. In such case the grantee has a right of way which the grantor cannot modify, restrict or interfere with by subsequent conveyance of the fee in the land over which the right of way extends, or otherwise. Such subsequent conveyance will be subject in all respects to the prior right of way as granted. The subsequent grantee will take the fee with that burden.</p> <p>4. Where the owner of land has plotted, marked out and fixed the width and boundaries of a street by well defined bounds, as shown by a plot made by him, and by selling lots abutting thereon, such action on the part of the owner of the land will clothe every purchaser of lots, abutting upon and calling for such street, with the right to the free and unobstructed use of the said street.</p> <p>5. In an action to recover damages for obstructing a right of way, the plaintiff must show, (1) That he had at the time of the obstruction a right to use the street or way, as claimed; (2) that such right of way was wrongfully obstructed by the defendant as set forth in the declaration, and (3) that thereby the plaintiff has been injured and sustained damage.</p> <p>6. Measure of damages stated