Trafton v. Downey
| Decision Date | 26 June 1930 |
| Docket Number | No. 923.,923. |
| Citation | 151 A. 4 |
| Parties | TRAFTON v. DOWNEY et ux. |
| Court | Rhode Island Supreme Court |
Appeal from Superior Court, Providence and Bristol Counties; Antonio A. Capotosto, Judge.
Suit by Celia A. Trafton against James J. Downey and wife. Decree for complainant, and respondents appeal.
Appeal denied and dismissed, decree affirmed, and cause remanded.
George J. West and Edgar V. F. McCrillis, both of Providence, for appellants.
George F. Troy, of Providence, for appellee.
This cause is in this court on the appeal of respondents from a final decree of the superior court enjoining them from interfering with the free use by complainant of that part of Carrington avenue described in the bill of complaint.
The cause was heard upon bill, answer, replication, and oral proof. The bill alleges that complainant is the owner of a certain lot of land in Providence bounded westerly by a street known as Carrington avenue; this street runs easterly from Hope street, a public highway, a distance of 300 feet to a "dead end" at the west line of complainant's lot; the doors of complainant's garage open outward onto Carrington avenue, and the only way the garage can be reached from Hope street is over Carrington avenue; that complainant, her family, and those having business with her have walked and driven over Carrington avenue in going to and from Hope street to her property for more than ten years, and for more than forty years owners and tenants of land abutting on Carrington avenue and the public generally have used said avenue in vehicles and on foot in passing to and from the property bounding thereon.
In October, 1929, the respondents, despite complainant's protest, obstructed her use of Carrington avenue and of her garage by placing timbers, gravel, and stones on said avenue.
The evidence establishes the allegations of the bill and these facts: In June, 1885, the owner of a certain tract of land, located about 300 feet east of Hope street and bounded on the south by Olney street, platted it into house lots and recorded the plat in the records of land evidence. On this plat is the delineation of a street, called Carrington avenue, about 50 feet wide, leading directly west from said platted land to Hope street; on the north and the south of Carrington avenue are two tracts of land designated as the "Crawford Allen Heirs Estate." There is nothing in the evidence to indicate by whom the land embraced within the limits of the avenue was owned.
Complainant's land is a part of lot No. 54 on said plat; in the rear it abuts on the east line of Carrington avenue, in front on Brenton avenue, a public highway running from Olney street northerly. In 1915, one Albert 3. Bennett, the owner of lot No. 54, built thereon a dwelling house which fronted on Brenton avenue, and a garage in the rear on Carrington avenue. In 1918, complainant bought this property from Bennett and has since lived thereon. Between 1904 and 1929 (when this bill of complaint was filed) a number of dwelling houses were built on both sides of Carrington avenue, and this avenue has been commonly used by the public. Bennett built a gate in his fence next his garage which has ever since been used as a means of access to complainant's premises. Bennett also built a sidewalk about...
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Wall v. Eisenstadt, 969.
...10 R. I. 35, 14 Am. Rep. 654; Sweet v. Conley, 20 R. I. 381, 39 A. 326; Steere v. Tucker, 39 R. I. 531, 99 A. 583; Traf ton v. Downey, 51 R. I. 87, 151 A. 4, 5. In Steere v. Tucker, supra, respondent's building stood upwards of 40 feet from the nearest portion of complainant's land and upwa......
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Daniels v. Blake
...appurtenant to complainants' realty and it does not appear that any portion of such realty about upon the alleged way. See Trafton v. Downey, 51 R.I. 87, 151 A. 4. On the contrary it is situated on the opposite side of the highway and in no sense is the alleged way servient to such realty. ......
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...of a public right, and entitles complainant to relief against the injury threatened. The case at bar is similar to that of Trafton v. Downey, 51 R. I. 87, 151 A. 4. In that case obstructions were placed in a public way in which the public by dedication or user had acquired an interest. Comp......