Hamilton v. . White and White
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the second district, where a judgment of the Court of Common Pleas of Queen’s county, entered on a verdict in favor of the defendants, had been affirmed.
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Appeal from the general term of the Supreme Court, in the second district, where a judgment of the Court of Common Pleas of Queen’s county, entered on a verdict in favor of the defendants, had been affirmed. This was an action of trespass quare clausum fregit, for breaking and entering the plaintiff’s close, and filling up with* rails? .sañd and stones, a stream of water, whereby the plaintiff's .lands were overflowed. :K^1^ ^®:fen The defendants gave evidence that there was a road or way from the Rockawa)»- turnpike, across the plaintiff’s land, to the land of the defendants, which had been…
1Opinion of the Court
Ruggles, C. J.,
after stating the pleadings and the facts of the case, as above, proceeded: — The defendants had not acquired the right to the new way, by us'er of twenty years, and the plaintiff’s counsel insist, that if they had the right of way, they should have followed the old track, and relies on the case of Reignolds v. Edwards (Willes 282), as authority.
In that case, as in this, the way had been altered and a new way assigned by the owner of the land: The new way had been used by the owner of the land, for several years, and it *was held, that the defendant, who had the right of way,…
2Cited by7 opinions
- Gailey v. Wilkinsburg Real Estate Trust Co.Supreme Court of Pennsylvania · 1925
- Almy v. ChurchSupreme Court of Rhode Island · 1893
- Durkee v. JonesSupreme Court of Colorado · 1900
- Whaley v. StevensSupreme Court of South Carolina · 1887
- Hurst v. Brayton.Supreme Court of Rhode Island · 1921
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