Calmelet v. Sichl
Nebraska Supreme Court
Appeal from the district court of Otoe county. Heard below before Chapman, J. The facts and issues are stated by the commissioner. The defendant used the wall, to the height of three stories, for about twenty years. If there was no special contract between the owners, this would give him the light to continue its use; but the extent and mode of user define the right. That right, as so defined, was the right to use the wall for three stories only.
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Appeal from the district court of Otoe county. Heard below before Chapman, J. The facts and issues are stated by the commissioner. The defendant used the wall, to the height of three stories, for about twenty years. If there was no special contract between the owners, this would give him the light to continue its use; but the extent and mode of user define the right. That right, as so defined, was the right to use the wall for three stories only. The right cannot be changed or enlarged. (Ballard v. Dyson, 1 Taunt. [Eng.], 278; Atwater v. Bodfish,ll Gray-[Mass.], 152; Holism an v. BoiUng…
1Opinion of the Court
Ryan, C.
Plaintiff is tbe owner of a parcel of ground in Nebraska City having a north frontage on Main street of twenty-two feet, from whence said parcel extends south*508ward sixty feet. Tbe land of defendant is contiguous to the west and south sides of this sixty-foot tract. Originally a remote grantor, through whom plaintiff derived title, built a one-story building on the west side of the tract above described as being owned by the plaintiff. The west wall of this building urns entirely within and contiguous to the west line of said tract. Subsequently, in 1868, the defendant’s grantor, who…
2Cases cited11 opinions
- Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895
- Wright & Rice v. MooreSupreme Court of Alabama · 1863
- Smith v. GardnerOregon Supreme Court · 1885
- Omaha & Republican Valley Railway Co. v. RickardsNebraska Supreme Court · 1894
- Smith v. HitchcockNebraska Supreme Court · 1893
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3Cited by5 opinions
- First Investment Co. v. State Fire MarshalNebraska Supreme Court · 1963
- Gates v. FriedmanWest Virginia Supreme Court · 1919
- Calmelet v. SichlNebraska Supreme Court · 1898
- Hutchins v. MunnCourt of Appeals for the D.C. Circuit · 1903
- Covert v. RichardsNebraska Supreme Court · 1995