Davies v Stephens

JurisdictionEngland & Wales
Judgment Date26 July 1836
Date26 July 1836
CourtHigh Court

English Reports Citation: 173 E.R. 251



Attornies-James, and Rees

*f3-*~ f July 26th, 1836. davies v. stephens. (The user ol a way during the occupation of tenants does not bind the landlord unless he was aware of it ; but if the user has been for a great length of time, it may be presumed that he was aware of it. If, in an action of trespass, the defendant pleads a footway, his plea is supported by proof of a carriage-way, as a, carriageway always includes a footway. A gate being kept across a way is not conclusive that it is not a public way, as the way may have been granted to the public with a reservation of the right of keeping a gate across it to prevent cattle straying ) [Referred to, Rishion v. Hat lingden Corporation, [1898] 1 Q B 294 ; A.-G v. Simpson, [1901] 2 Ch 671 ; Roberts v. Jatnei,, 1903, 89 L T 282 , Corsellut v. London County Council, [1907] 1 Ch. 704 , Coats v. Here/otdsfute County Council, [1909] 2 Ch 579 ; A.-G v. Watford, [1912] 1 Ch 419 J Trespass for breaking and entering plaintiff's close, called Monk Haven Lays, and treading down the grass, &c. Plea-A public right of footway for all the King's subjects into, through, and over the locus in quo, and justifying thereunder as one of the public. Replication-traversing the plea The way claimed was a footpath from a public parish road over the close in question, down to the sea, where there was a small inlet. In order to support the claim, the defendant proved, that, for the last thirty or forty years (during all which time the close was in the occupation of tenants), fishermen had been knowu occasionally to land and carry up fish along the way in question , that others came up that way for water, or when driven in by stress of weather , that some went down that way to bathe, and that others were known to haul up wreck, sand, stones, and seaweed by the way claimed, without its ever having been objected to by the different tenants. But it appeared that gates had been kept sometimes locked across the way, and it never had been known to be repaired by the parish Lord Denman -I never before remember a way being claimed \\ithoutstating to what place, or from whence it leids. (a] See the cases of Rex v. Foster, ante, p 148, and Reju v Hope^, ante, p 136. (b) See the case of Rex v Jones, Carr. Bupp. 13. 252 MORRIS V. NUGENT 7 CAR. ft P. 571. B V. Williams --The way claimed here is one...

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5 cases
  • Walsh v Sligo County Council
    • Ireland
    • High Court
    • 20 December 2010
    ...Kilsyth District Council v. Dollar Land (Cumbernauld) Ltd. [1992] S.C. 357; [1992] S.L.T. 1035. Davies v. Stephens (1836) 7 Car. & P. 570; 173 E.R. 251. Dawes v. Hawkins (1860) 8 CB (N.S.) 848; 141 E.R. 1399; (1860) 25 J.P. 502. Director of Public Prosecutions v. Jones [1999] 2 A.C. 240; [1......
  • Catherine Renée Connell v Coleman Porter
    • Ireland
    • Supreme Court
    • 18 December 1972
    ......in Davies v. Stephens (1836) 7 C. & P. 570. The presumption of dedication is a question of fact to be decided by the jury or judge, as the case may be; and the ......
  • Barry v Lowry
    • Ireland
    • Exchequer (Ireland)
    • 7 November 1877
    ...Before FITZGERALD, DEASY and DOWSE, BB. BARRY and LOWRY. Tickle v. Brown 4 A. & E. 369, 382. Daves v. StephensENR 7 C. & P. 570. Bailey v. Appleyard 8 A. & E. 161. Beggan v. M'Donald Ante, 362. Prescription — User for forty years — 2 & 3 Wm. 4, c. 71 — 22 Vict. c. 42 — Uninterrupted enjoyme......
  • Deeble v Linehan
    • Ireland
    • Exchequer (Ireland)
    • 4 February 1860
    ...21 Jur. 674. Little v. WingfieldIR Now reported in 11 Ir. Com. Law Rep. p. 63. The King v. BarrENR 4 Campbell, 16. Davies v. StephensENR 7 Car. & P. 570. Hanks v. CribbinIR 7 Ir. Com. Law Rep. 489. Bright v. Walker 1 Cr., M. & Ros. 217, 222. Fenwick v. ReidENR 5 B. & Ald. 234. Hanks v. Crib......
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1 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Planning Law. A Practitioner's Handbook Contents
    • 30 August 2019
    ...Council [1980] JPL 594, DC 87 Davies v London Borough of Hammersmith [1981] JPL 682, CA 143 Davies v Stephens (1836) 7 Car & P 570, 173 ER 251, Assizes 529, 531, 538 Davis v Secretary of State for Communities and Local Government [2016] EWHC 274 (Admin) 352 Dawes v Hawkins (1860) 8 CB (NS) ......

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