Newton County Court: Friday: Before His Honour Judge Edge: … … The Novey Right of Way Case: Endacott v. Heat: This was a case in which plaintiff, a butcher of Bovey Tracey, sued the defendant, a marine store dealer of the same place, for the recovery of 40s damages for trespass, and in which he also sought to secure an injunction. The case came before his Honour at the September Court, and was adjourned until today to enable the judge to deliver judgement: … (in the absence of documentary evidence of ownership of the path, the Judge stated that he had to assume that the soil belonged to the plaintiff as his premises were partially built over the path) … “this view was strengthened by a reference to the deed of November 23rd 1881, which showed that the roadway in front of the three cottages, now belonging to the plaintiff, was conveyed with the cotter, as the right of way over it was expressly reserved; and as Thomas Pinsent was the owner, not only of the cotter, but of the plaintiff’s and Mrs. Murch’s premises, and, as the roadway was the immediate continuation of the archway passate, he thought it extremely probable that Pinsent made the passageway as a means of access to and from his cottages and the street. That being his opinion of the facts, it followed that the defendant’s right to go over the land was a right to an easement only, and seeing from the deed of 1881 that this easement was restricted to persons and horses, and that the opening into defendant’s yard was not wide enough for carts or carriages, he thought the grant made to the defendant’s predecessors was similarly limited. …
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