 | 1848 - 400 halaman
...clear that the public have no other right but that of passing and repassing; and that the title to the land and all the profits to be derived from it,...incidental to the right of passage acquired by the people." It is then given as the opinion of the court that " it is not lawful, therefore, for the public to... | |
 | 1848 - 788 halaman
...clear that the public have no other right but that of passing and repassing; and that the title to the land, and all the profits to be derived from it,...subject to the right of way, remain in the owner of tho soil. The owner may maintain trespass for any injury to the soil, which is not incidental to the... | |
 | John Adams - 1854 - 734 halaman
...clear, that the public have no other right but that of passing and repassing; and that the title to the land and all the profits to be derived from it,...subject to, the right of way, remain in the owner of tho soil. The owner may maintain trespass for any injury done to the soil, An ejectment will lieproprima... | |
 | Conway Robinson - 1855 - 884 halaman
...freehold and all the profits belong to the owner of the soil. Chester v. Alker S,'c. 1 Burr. 143. He may maintain trespass for any injury to the soil which...incidental to the right of passage acquired by the people. Lade v. Shepherd, 2 Str. 1004. These principles have been recognized in Massachusetts. Perley v. Chandler,... | |
 | William Tidd - 1856 - 976 halaman
...that the public have no other right but that of passing and repassing; and that the title to the laud and all the profits to be derived from it consistently...soil. The owner may maintain trespass for any injury done to the soil which is not incidental to the right of passage acquired by the people. The land covered... | |
 | 1886 - 800 halaman
...clear that the public have no other right but that of passing and repassing, and that the title to the land, and all the profits to be derived from it,...incidental to the right of passage acquired by the people: Lodev. Shepherd, 2 Sir. 1004. The land covered by a highway may be recovered in ejectment: Chester... | |
 | 1887 - 1086 halaman
...Drev, 44 Vt. 49. The public have no other right, but that of passing and repassiug, and the title to the land, and all the profits to be derived from it,...the right of way, remain in the owner of the soil. 16 Mass. 83; 4 Mass. 429, 595; 13 Mass. 259; 1 Pick. 122; 1 Rolle, Abr. 392. pike road, and the owner... | |
 | William Wheeler Thornton - 1892 - 658 halaman
...be clear that the public has no other right but that of passing and repassing. and that the title to the land, and all the profits to be derived from it,...of the soil. The owner may maintain trespass, for an injury to the soil, which is not incidental to the right of passage acquired by the people. (4)... | |
 | Harry Augustus Bigelow - 1919 - 768 halaman
...clear that the publick have no other right, but that of passing and repassing; and that the title to the land, and all the profits to be derived from it,...acquired by the people. The land covered by a highway may be recovered in ejectment. Lord Mansfield, in delivering the opinion of the court in the case last... | |
 | 1920 - 1148 halaman
...clear that the public have no other right but that of passing and repassing, and that the title to the land, and all the profits to be derived from it,...incidental to the right of passage acquired by the people." Stackpole v. Healy, 16 Mass. 33, 8 Am. Dec. 121. The owner of the easement "cannot commit a trespass... | |
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I hold it to be clear that the public have no other right but that of passing and repassing, and that the title to the land, and all the profits to be derived from it, consistently with and subject to the right of way, remain in the owner of the soil. 
