102 Mass. 380 | Mass. | 1869
The lot of land upon which the alleged trespass was committed was conveyed by the defendant to the plaintiff’s grantor, with a reservation of a right of way over it, “ between Bryant’s land and the house, to my (defendant’s) land as usually occupied, subject to gates and bars.” Under this reservation the defendant would have the right to make use of the way, as the same had been marked out or designated by the parties in interest, in any reasonable manner, and according to common usage, for the purpose of taking away the hay, or any other crop, that he might raise upon the land referred to. There is nothing in
Upon this view of the case, there was an error in the direction to the jury, and therefore the Exceptions are sustained.