Eustace v. Tuthill
2 Johns. 185
N.Y. Sup. Ct.
1807
Check Treatment
Per Curiam.

In the case of Heaton v. Ferris,* which was an action of trespass, the defendant pleaded the general issue, and a special justification of a right of way by prescription over the locus in quo, and it was decided that the plaintiff was entitled to full costs. The present case comes within the principle there decided. The plaintiff must have his full costs.

Vol. 1. 146. Feb. 1806.