Here’s a summary of the key points:
- Facts: Cleaves owned a hotel property (Hotel Cleaves) with an appurtenant right of way over a 40-foot wide strip of land (referred to as “the avenue” or “the boulevard”) that adjoined his property to the east and extended to a county road. The fee for this 40-foot strip was owned by Braman. Braman and the other defendants erected a fence on the westerly side of this 40-foot strip, along the plaintiff’s property, and placed two stone pillars near the county road, creating a 14-foot passageway. This obstructed Cleaves’s access to the 40-foot strip along the entire length of his eastern property line.
- Plaintiff’s Argument: Cleaves contended that he had a right of access to and from the 40-foot strip at all feasible points along his eastern property line, not just through a single opening. He also claimed damages because the obstruction caused guests to leave his hotel.
- Defendant’s Argument: Braman argued he was only required to leave a convenient way for the plaintiff to pass to and from the county road and his land.
- Court’s Holdings:
- Right of Way: The court held that Cleaves’s deed granted him a right of way appurtenant to his hotel, allowing himself, his family, and guests to use it. Importantly, he had a right to access the 40-foot strip at all feasible points along his eastern property line, not just a single opening. The court distinguished this from a situation where the right of way would be at the end of the strip.
- Evidence: Declarations of guests stating they left the hotel due to the fence were admissible as evidence of their motive.
- Damages: The jury’s assessment of $142.25 in damages per action was deemed excessive, given the obstruction had only existed for twelve days. The court ruled that a new trial would be granted unless Cleaves remitted the verdict to $50 per action, in which case he would be entitled to judgment for $50 and interest against each defendant, with only one satisfaction of judgment.
- Outcome: The exceptions to the jury instructions and the admission of testimony were overruled. The motion for a new trial was sustained unless the plaintiff remitted the damages to $50 per action.
Summary by Gemini