Hines v. Hamburger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Pauline M. Hamburger, from a judg- ' ment of the Supreme Court in favor of the plaintiff, entered in fire-office of the clerk of the county of New York on the 20th day of April, 1896, upon the verdict of a jury, and also' from an Order-entered in said clerk’s office on the 18th day of May, 1896, denying the defendant’s motion for a new trial made upon the minutes. This appeal was transferred from the first department to the-second department.
1Opinion of the Court
G-oodrich, P. J.:
The defendant in 1891, being the owner of a farm at Bound' Brook, New Jersey, containing about 108 acres, conveyed it to the-plaintiff by a deed containing the usual covenant against incum*578bránces. This farm, was a part of a. larger tract, originally owned by Maria Beekman, who, in 1852, conveyed to Van "Doren a portion, so situated that there was no access to- the highway except over the plaintiff’s farm.
A way by necessity having thus arisen, a road about ten or twelve! feet wide and about half a mile long was laid out; at the highway.. it was closed; by a gate, at which…
2Cases cited5 opinions
- Palmer v. . PalmerNew York Court of Appeals · 1896
- Wynkoop v. BurgerNew York Supreme Court · 1815
- Onthank v. Lake Shore & Michigan Southern RailroadNew York Court of Appeals · 1877
- Leonard v. LeonardMassachusetts Supreme Judicial Court · 1861
- Bannon v. AngierMassachusetts Supreme Judicial Court · 1861
3Cited by4 opinions
- Bode v. BodeCourt of Appeals of Minnesota · 1992
- Fox v. Buffalo, Rochester & Pittsburg Railway Co.New York Supreme Court · 1910
- Bode v. BodeCourt of Appeals of Minnesota · 1992
- Donovan v. Erie RailroadNew York Supreme Court · 1912