R v Barr
| Jurisdiction | England & Wales |
| Judgment Date | 02 June 1814 |
| Date | 02 June 1814 |
| Court | High Court |
English Reports Citation: 171 E.R. 6
KING'S BENCH AND COMMON PLEAS
Considered, Vernon v. Vestry of St. James, Westminster, 1880, 16 Ch. D. 449. Referred to, Simpson v A.-G., [1904] A. C. 476; Coats v. Herefordshire County Council, [1909] 2 Ch. 579.
[16] Thursday, June 2, 1814 eex v. barr. (Where a way has been used by the public for a great number of years over a close in the hands of a succession of tenants, the privity of the landlord, and a dedication by him to the public may be presumed, although he was never in the actual possession of the close himself, and he is not proved to have been near the spot. Where a way is so used, notice of the fact to the steward is notice to the landlord ) [Conwdered, Veniott v. Vestry of 8t. Jewries, Westminster, 1880, 16 Ch. D. 449. Referred to, Simpson v A.-G., [1904J A. C. 476 ; Coats v. Herefordshire County Council, [1909] 2 Ch. 579.] This was an indictment for stopping up a public footway leading from Stoke Newington to Islington. The way passes over land which belongs to the Marquis of Northampton. It was proved to have been used by the public upwards of 50 years. During the whole of that time, the land has been occupied by a succession of tenants One of these frequently complained to Lord Northampton's steward, that the public used the footway, whereby the land was injared , but no action was brought, either by landlord or tenant, against anyone who used it The defendant has lately taken a lease of the land over which the way passes, and inclosed it with a wall His counsel contended, that the above facts did noi establish a public right of way over the locus in q-ao, as the user...
To continue reading
Request your trial
-
Wood v Veal
...Kenyon, in The Rugby Charity v. Merryweather (11 East, 375, n.), held that that circumstance could make no difference. In Rex v. Barr (4 Campb. 16), Lord Ellenborough decided that the reversioner having knowledge of the use by the public, was bound by it. Now, in this case, the present plai......
-
R v Hemp
...not evidence of a dedication of the way to the public, unless it appeared to have had the consent of the crown. In the ca&e of Rex v. Barr, 4 Camp. 16, Lord Elleuborough said, After a long lapse of time and a frequent change of tenants, from the notorious and uninterrupted use of a way by t......
-
Hemphill v M'Kenna
...Hog. 247. Biddulph v. MolloyUNK 2 Ir. Eq. Rep. 228. Whitelegg v. WhiteleggUNK 1 B. C. C. 57. Morris v. Kelly 1 J. & W. 481. Rex v. BarrENR 4 Camp. 16. Hoare v. PeckENR 6 Sim. 51. Lord bath v. Sherwin Pre. Ch. 261. Fitton v. Maccless-field 1 Ver. 287. Earl of Darlington v. BowesENR 1 Eden. 2......
-
Hanks v Cribbin and Others
...Al. 454; S. C., 1 Dowl. & Ryl. 20. Davis v. Stephens 7 Car. & Pay. 570. Gray v. Bond 5 Moo. 527; S. C., 2 Bro. & Bing. 667. Rex v. BarrENR 4 Camp. 16. Hillary v. Waller 12 Ves. 266. Howard v. WrightENR 1 Sim. & Stu. 190. Bulston v. BenstedENR 1 Camp. 463. Mason v. HillENR 5 B. & Ad. 1. Davi......
-
Table of Cases
...EGCS 144, QBD 439 R v Ashford Borough Council ex parte Shepway District Council [1999] PLCR 12, [1998] JPL 1073, QBD 440, 441 R v Barr (1814) 4 Camp 16 151 R v Beard [1997] 1 PLR 64 497 R v Bolton Metropolitan Council ex parte Kirkman [1998] JPL 787, [1998] Env LR 719, [1998] NPC 80, CA 427......
-
Public Rights of Way
...where such a notice would not injure the business or occupation of the tenant. 46 See Davies v Stephens (1836) 7 C & P 570. 47 R v Barr (1814) 4 Camp 16; Davies v Stephens (1836) 7 C & P 570. 48 See e.g. South Eastern Railway Co v Cooper [1924] 1 Ch 211. 49 See e.g. the decision of the Priv......
-
Creation of Highways
...where such a notice would not injure the business or occupation of the tenant. 24 See Davies v Stephens (1836) 7 C & P 570. 25 R v Barr (1814) 4 Camp 16; Davies v Stephens (1836) 7 C & P 570. 26 See e.g. South Eastern Railway Co v Cooper [1924] 1 Ch 211. 27 See e.g. the decision of the Priv......
-
Table of Cases
...[1997] EGCS 144, QBD 153 R v Ashford Borough Council ex parte Shepway District Council [1999] PLCR 12, [1998] JPL 1073, QBD 155 R v Barr (1814) 4 Camp 16, 171 ER 6, Assizes 531 R v Beard [1997] 1 PLR 64, CA (Crim) 318 R v Bolton Metropolitan Council ex parte Kirkman [1998] Env LR 719, [1998......