Legal Opinion
Wilklow v. Bennett
Appellate Division of the Supreme Court of the State of New York
Decided November 20, 1929Published
1Opinion of the CourtHasbrouck, J.
This action is brought to recover the expense of repairing a fence on the northerly side of a right-of-way next to plaintiff's lands.
The “ Pancake Hollow" road in the town of Lloyd, Ulster county, runs north and south. Where plaintiff bounds it on the west runs the right-of-way westwardly through the lands now or formerly of Wilklow and Dayton.
Prior to 1885 there were across this right-of-way four gates; one at the “ Pancake Hollow ” road, one on either side of the Dayton property and one at the easterly limit of the Connelly property.
The westerly gate on the Dayton property was moved further…
2Cases cited6 opinions
- City of New York v. New York City Railway Co.New York Court of Appeals · 1908
- Sebald v. . MulhollandNew York Court of Appeals · 1898
- Parmelee v. DannNew York Supreme Court · 1856
- Schwenker v. PickenAppellate Division of the Supreme Court of the State of New York · 1904
- Guilfoos v. New York Central & Hudson River RailroadNew York Supreme Court · 1893
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