O'Beirne v. Gildersleeve
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Patrick J. O’Beirne and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of thé clerk of the county of Nassau on the 6th day of January, 1906, upon the decision of the court rendered after a trial at the Nassau Trial Term, a jury having been waived.
1Opinion of the Court
Woodward, J.:
The plain tiffs bring this action to recover damages for several trespasses and injury to premises owned by them and in their possession at Bayville, Nassau county, and the complaint asks for an injunction perpetually restraining the defendants from entering upon the premises of the plaintiffs; that the plaintiffs be declared the owners, of the fee of the westerly half of a private road or lane adjacent to their premises; that said lane or road be declared a private lane or road, and that the defendants and each of them be forbidden and enjoined from inviting or extending…
2Cases cited2 opinions
- Grafton v. . MoirNew York Court of Appeals · 1892
- Blackman v. . StrikerNew York Court of Appeals · 1894
3Cited by1 opinion
- Berlin v. YachninAppellate Terms of the Supreme Court of New York · 1926