34 Conn. 393 | Conn. | 1867
The principal controversy in this case arises upon the construction to be given to the phrase, “ privilege to pass and repass to the above rooms, and the well, as is most convenient,” in the set-out of dower to the plaintiff. The defendant contends that this expression refers entirely to the house itself, and the passing and repassing of the plaintiff to and from the several rooms in the house and its appurtenances. The court charged the jury that this expression was not confined to the house, but had reference also to the passing of the' plaintiff to the public street. We think the charge is correct. The language of the distribution is as much in harmony with the construction given by the court,
The court further instructed the jury, that the phrase, “ as is most convenient,” had reference solely to the convenience of the plaintiff.. We see no error in this instruction. The distribution says that the plaintiff shall have the right to pass and repass to the rooms particularly described, “ as is most convenient.” Convenient to whom '( Manifestly to the person to whom the right of passage is given. No other person is mentioned, or referred to. The minds of the distributors are occupied in defining her rights. The first part of the clause gives her the right of passage ; and the latter part, “ as is most convenient,” merely defines the way set out to her. '
The defendant further claimed, and requested the court to charge the jury, “ that if the plaintiff by the grant was confined to one route from her west room to the street, as she had persistently refused to designate that route or agree with the defendant in its selection, the defendant, being the owner of the house and land, had a right to select one for her, having reference to the terms of the grant; and that as the defendant indicated to the plaintiff that her proper route was through the west door of her room to the street, that was her only legitimate passage.” Nothing appears in the motion of the defendant requiring the court to comply with this request. It does not appear that the defendant offered any evidence on the .trial that the plaintiff had, at any time, refused to designate a route from her room to the street. She offered evi
We come now to the principal question in the case, which arises upon the following charge of the court to the jury — “If the jury shall find that the way from the west room to the street, through the front door of the main part, had been commonly used by the plaintiff, and was the most convenient way, and that on this occasion the plaintiff intended to go from the west room to the street by that way, and was prevented from so doing by the wrongful act of the defendant in locking the door and taking away the key, then if the jury shall find that the way through the front door of the L part was the next most convenient way for the plaintiff to reach the street, the court instructs the jury that the defendant in such case had no right to prevent the plaintiff from going that way, and it will be their duty to return a verdict'for the plaintiff.” The claim of the defendant upon this question is quite extraordinary. The plaintiff was in the house where she had a right to be. She had a right of way leading from the house to the public street. She desired to leave the house and attempted to go that way, but was prevented by the defendant. She then made an effort to reach the street by the next most convenient way ; but the defendant resisted her by force, and committed violence to her person in order to prevent her; and now claims that he was justified in so doing. If the defendant was justi
There is nothing in the case of Williams v. Safford, 7 Barb., 309, that conflicts with the view we have taken of this
A new trial is not advised.
In this opinion the other judges concurred.