¶1This was a special demurrer to a declaration. The declaration was for injuries to the plaintiff’s premises in plowing up and subverting the soil lying open in the highway opposite to and in front of his lots, &e. The declaration was very singularly drawn; it commenced in an action of trespass, the allegations of the injuries and the termination was in case. The demurrer was sustained. (Hot reported.)
4 How. Pr. 367
Rowland v. Fuller
Decided April 15, 1848
New York Court of Appeals · decided 1848-04-15
<p> .—Judgment affirmed. </p>
Decided 1848-04-15