Sir Edward Duncomb's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 919
IN THE KING'S BENCH.
Distinguished, Arnold v. Holbrook, 1873, L. R. 8 Q. B. 100.
case 3. sir edward duncomb's case. [Distinguished, Arnold v. Holbrook, 1873, L. E. 8 Q. B. 100.] The owner of the land over which there is an open road may inclose the land ; but he must leave a sufficient way, and repair it at his own charge. Ante, 266. 1 Eoll. Ab. 390. Jones, 296. 22 Ass. 92. 1 Sid. 464. 2 Saund. 160. Ld. Eaym. 1170. 2 Com. Dig. 399. Dougl. 745. 1 Hawk. P. C. 367, 368. Sed vide Burr. 461 to 466. contra. Sir Edward Duncomb being indicted, for that there being an ancient highway in Batlesdon, he had inclosed his lands on both sides thereof; whereby he had straitened it, and the way was become lutosa et founderosa, whereas by the law of the land he ought to have made it a sufficient way : Upon not guilty pleaded, it appeared, on evidence to the jury at the Bar, to be a way betwixt two lauds ends in the common field, and that it was but four yards wide. But it was proved, that although he had made a causeway reasonably good at his own charge for horsemen, yet carts and coaches might not pass, nor could meet for the straitness thereof, nor might go besides the way. And although it was also proved, that by this charge he had made it better than it was before, yet because he had made the hedges and the inclosure in that manner, he at his peril ought to maintain the way; and whereas before the parish was chargeable with the reparations, now (a) 2 Hawk. P. C. ch. 50. s. 17. 3 Bac. Abr. 777. (a) See 22 Heo. 8. c. 5. 1 Ann....
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Edward Walsh and Another v County Council for County of Sligo
...as against the owner of land who closes up or obstructs a highway have been clearly settled from an early date. In Dunscomb's case 1 Cro. Car. 366 it was held that if the owner of a close over which there was a public highway obstructs the highway, he is bound. to leave a sufficient way ove......
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