Continuing wrong in right-of-way obstruction keeps limitation running while the blockage remains, supporting removal relief.

Obstruction of a lane over which the public had a right of passage was treated as interference with an existing right of way, not as a completed trespass affecting possession. Although the lane was not a public street within the municipal definition, the obstruction was held to be a continuing wrong, so the cause of action renewed for as long as it continued. Limitation therefore did not bar the suit, and the claim for removal of the obstructions was within time and upheld.

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Issues: Whether obstruction of a public lane or right of way is a continuing wrong giving rise to a fresh cause of action from moment to moment, so that the suit for removal of obstructions was within limitation.

Analysis: The lane was held not to be a public street within the meaning of the municipal definition, but a lane over which the public had a right of passage. On that footing, obstruction of the lane was treated as interference with an existing right of way and not as a mere completed trespass affecting possession. The law of limitation applicable to continuing wrongs was therefore held to govern the claim, and the cause of action was regarded as renewed while the obstruction continued. The suit was thus held to be within time and the decreed relief for removal of the obstructions was upheld.

Conclusion: The plea of limitation failed; obstruction of a right of way was a continuing wrong, and the suit was within limitation.

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