Colburn v. Marsh
New York Supreme Court
Appeal from judgment on report of referee. Action by Paulina Colburn against Adam Marsh and others for an injunction. From a judgment dismissing the complaint, entered on the report of a referee, plaintiff appeals.
1Opinion of the CourtDwight, P. J.
The action was to restrain the defendants from obstructing or interfering with the plaintiff’s use of an alleged right of way across a portion of the defendants’ farm. There is no conflict of evidence upon any material question of fact in the case. The only question is whether the undisputed evidence establishes an irrefragable title in the plaintiff, by prescription, to the easement in question. It is our conclusion that such is the effect of the evidence. The contention to the contrary, which is sustained by the learned referee, is to the effect that the user upon which the plaintiff relies…
2Cases cited7 opinions
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
- Newman v. . NellisNew York Court of Appeals · 1884
- Hammond v. . ZehnerNew York Court of Appeals · 1860
- Ward v. . WarrenNew York Court of Appeals · 1880
- Miller v. GarlockNew York Supreme Court · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
- Pirman v. ConferNew York Court of Appeals · 1937
- Moore v. DayAppellate Division of the Supreme Court of the State of New York · 1921
- Concklin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Majerus v. BartonNebraska Supreme Court · 1912
20 more not listed; retrieve them via the Exa API.