McMillan v. . Cronin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action ivas for assault and battery, alleged to have been committed by Hollis Bruce, defendant’s testator, who ivas the original defendant; he died after judgment and the present defendant was substituted.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action ivas for assault and battery, alleged to have been committed by Hollis Bruce, defendant’s testator, who ivas the original defendant; he died after judgment and the present defendant was substituted. Plaintiff’s evidence was to the effect that he had a right of way from lands of his own over defendant’s land to a highway, subject to gates, which right of way had been used for over sixty years. Plaintiff was engaged in…
1Opinion of the CourtMiller, J.
There is no dispute as to the fact that the plaintiff had a right of way, which had been used as such for a period of sixty years, running from the public highway to the plaintiff’s farm, and at the time of the assault and battery committed by the defendant upon him, the plaintiff and his two sons, with a team, were engaged in repairing such way. The right of the plaintiff to keep such way in repair would ordinarily follow as an incident to the easement and as necessary to the lawful enjojonent and use of the same.
The defendant insists that as the plaintiff’s private way was over the…
2Cases cited2 opinions
- Parsons v. BrownNew York Supreme Court · 1853
- Williams v. SaffordNew York Supreme Court · 1849
3Cited by23 opinions
- Missionary Society of the Salesian Congregation v. EvrotasNew York Court of Appeals · 1931
- Pamela Sutera, and James Sutera v. Go Jokir, Inc.Court of Appeals for the Second Circuit · 1996
- Hines v. City of NevadaSupreme Court of Iowa · 1911
- Reed v. Board of Park CommissionersSupreme Court of Minnesota · 1907
- Barr v. LamasterNebraska Supreme Court · 1896
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