Bertie, Clerk, against Beamount
| Jurisdiction | England & Wales |
| Judgment Date | 01 June 1812 |
| Date | 01 June 1812 |
| Court | Court of the King's Bench |
English Reports Citation: 104 E.R. 1001
IN THE COURT OF KING'S BENCH
[33] bektie, Clerk, against beaumont, Monday, June 1st, 1812. A servant put into the occupation of a cottage, with less wages on that account, does not occupy it as a tenant, but the master may properly declare on it as his own occupation in an action on the case for a disturbance of a right of way over the defendant's close to such cottage. And it matters not that the cottage was divided into two parts, one of which only was in the occupation of such servant, the other being occupied by a tenant paying rent. This was an action on the case for an obstruction to a private right of way, in which the plaintiff declared that at the time of the grievance on the 1st of January 1808 he was lawfully possessed of and occupying a certain messuage and two acres of land, with the appurtenances, in the parish of Buckland, in the county of Surrey; and then claimed, in respect of such his own occupation, a certain way for himself and his servants over a certain close of the defendant to the said messuage and land, &c.; and alleged an obstruction to the said way by the defendant. At the trial before the Lord Chief Baron, in Surrey, the plaintiff called a witness of the name of Howell, who stated himself to be a labourer in the plaintiff's service, and described the cottage, in respect of which the right of way...
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