Legal Opinion

Wood v. Reed

New York Supreme Court

Decided October 15, 1893PublishedCited by 7 opinions

Action by James W. Wood against Elmira P. Reed to restrain defendant from passing over plaintiff’s land under claim of a right of way. Judgment for plaintiff.

1Opinion of the CourtBradley, J.

The subject of controversy has relation to the alleged right of way of the defendant from her premises, through those of the plaintiff, to a highway crossing his land. The plaintiff in 1889 became the owner of upwards of 250 acres of land in the town of Richmond, county of Ontario; and the defendant in 1888 took title by devise to about 40 acres of land lying south of plaintiff’s land, but not adjoining it. The predecessors in title of the defendant have, when they had occasion to do so, passed through the land now owned by the plaintiff, to the highway, for upwards- of 30 years. This was…

2Cases cited3 opinions

  1. Day v. AllenderCourt of Appeals of Maryland · 1865
  2. Speir v. Town of New UtrechtNew York Supreme Court · 1888
  3. Davis v. BrighamSupreme Judicial Court of Maine · 1849

3Cited by7 opinions

  1. Sassman v. CollinsCourt of Appeals of Texas · 1908
  2. Moore v. DayAppellate Division of the Supreme Court of the State of New York · 1921
  3. Howard v. WrightNevada Supreme Court · 1914
  4. Horne v. HopperSupreme Court of Colorado · 1922
  5. P. M. Bruner Granitoid Co. v. Glencoe Lime & Cement Co.Missouri Court of Appeals · 1912

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