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Browne v Dowie

Irish Law Times Reports (Digests) Cited in 1 Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1959
Date01 January 1959
CourtRecorder’s Court (Northern Ireland)
(Recorder's Ct., N.I.)
Browne
and
Dowie

User by public -Definite track leading from one definite place to another.

The plaintiff had purchased one of several houses which formerly had been occupied by coastguards as a coastguard station. Between the plaintiff's premises and the foreshore there was a "frontage plot" over which the occupiers of the other houses had a right of passage. The defendant, who had a seaside cottage about a half to three-quarters of a mile away, had been in the habit of walking over this "frontage plot"to the public road and using it when visiting friends. There was a field on each side of the "frontage plot", that on the left belonging to Caldwell and that on the right to Cavan. At the end of the "frontage plot" adjoining Caldwell's field there was a stile with three steps which had a chain attached to it, and at the other end there was a gate leading into Cavan's field in which there was a disused well. The plaintiff contended that there was no defined route which could be regarded as constituting a highway and furthermore, that in the absence of evidence from both...

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