Reed against Jackson
| Jurisdiction | England & Wales |
| Judgment Date | 25 April 1801 |
| Date | 25 April 1801 |
| Court | Court of the King's Bench |
English Reports Citation: 102 E.R. 137
IN THE COURT OF KING'S BENCH.
Referred to, Neill v. Duke of Devonshire, 1882, 8 App. Cas. 148.
[355] reed against jackson. Saturday, April 25th, 1801. A verdict against one defendant in trespass upon an issue of a justification of a public right of way, negativing such right, is evidence in trespass for breaking and entering the same close against another .defendant who justified under the same right; and the latter cannot shew that such verdict was entered upon that particular plea by mistake of the officer, there having been no evidence given on either side in respect of that issue on the former trial; the record being conclusive as to the fact of such a finding, though not as to the truth of it between other parties. [Referred to, Neill V. Duke of Devonshire, 1882, 8 App. Cas. 148.] Trespass for breaking and entering the plaintiff's close called the Marsh, situate at the parish of Holme Cultram in the county of Cumberland. Pleas, the general issue, and several justifications; 1. For a common public footway in, through, over, and along the locus in quo; 2. For a public carriage-way; 3. For an occupation-way to and from the defendant's house over the locus in quo to a certain bridge; 4. For a customary-way for all the inhabitants of a certain side of the parish to and from their respective dwelling-houses over the locus in quo to the same bridge, and from thence to the parish church. The replication traversed these several rights of way, and new assigned other trespasses extra vias. The rejoinder took issue on the several traverses, and pleaded the same justifications to the trespasses newly assigned, to which the plaintiff protesting, &c. replied de injuria, &e.; on all which issues were taken. At the trial before Graham B. at the last Summer Assizes at Carlisle, the plaintiff' counsel, in order to negative the existence of a public footway, tendered in evidence a record of another action brought by the same plaintiff against one Brown for a trespass in the same close described in the present declaration, to which amongst others there was a similar plea of justification for a common footway over the locus in quo, and another justification for a prescriptive easement to go upon the land to wash and shear sheep at shearing time in right of a certain messuage, &c.; which justifications were traversed, and the issues thereon found for the plaintiff, negativing the right of way, and the easement...
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