Bakeman v. . Talbot
New York Court of Appeals
The action is in the nature of a bill in equity to establish a right of way claimed by the plaintiff over the land of the defendant, and to enjoin the latter from continuing certain fences which he had erected, and to compel him to remove them.
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The action is in the nature of a bill in equity to establish a right of way claimed by the plaintiff over the land of the defendant, and to enjoin the latter from continuing certain fences which he had erected, and to compel him to remove them. A farm, of which the premises owned by the plaintiff and those owned by the defendant are parcels, embracing a certain lot Bo. 179, was formerly owned by one De Groot, who died intestate in 1838, leaving children, to whom the land descended. Partition was made between them by suit in chancery in the year 1839. The commissioners appointed by the court…
1Opinion of the Court
No question is made but that the plaintiff is entitled to a right of way or passage across the north end of the defendant's land. The extent of that right, and the duty of the respective owners towards each other, is to be determined by the language of the reservation and the circumstances of the case. The plaintiff insists, in substance, that the defendant was bound to keep open a narrow road or lane across the north end of his land, or if he will not do this, that he should, at least, insert swinging gates in his fences which might be opened and shut with ease whenever the plaintiff had…
2Cited by39 opinions
- City of Pasadena v. California-Michigan Land & Water Co.California Supreme Court · 1941
- Lewis v. YoungNew York Court of Appeals · 1998
- Herman v. . RobertsNew York Court of Appeals · 1890
- Orange & Rockland Utilities, Inc. v. Philwold Estates, Inc.New York Court of Appeals · 1981
- Dowgiel v. ReidSupreme Court of Pennsylvania · 1948
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