Herman v. . Roberts
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 1, 1888, which affirmed a judgment in favor of plaintiff, entered on the decision of the court on trial at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 1, 1888, which affirmed a judgment in favor of plaintiff, entered on the decision of the court on trial at Special Term. This action was brought to restrain defendant from injuring, by alleged improper use, a carriage road which Philip Herman, the plaintiffs testator, had constructed over the lands of the defendant under the grant of the right of way from the defendant to the said Herman. The grant was executed and delivered October 30, 1871. By it the defendant…
1Opinion of the Court
Ruger, Ch. J.
The evidence in the case was quite conflicting, and the principal dispute on the trial was whether the defendant had so used the plaintiff’s right of way, as to injure and impair it, and require the making of repairs thereon to restore its usefulness.
The trial court found, as a matter of fact, “ that the defendant has used said roadway for carrying produce and farming utensils upon and along the same to the injury and annoyance of plaintiff, and threatened to use the same whenever he deems necessary for such purposes and to use all force necessary for him to pass over such…
2Cases cited8 opinions
- Bakeman v. . TalbotNew York Court of Appeals · 1865
- Long v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Bliss v. . GreeleyNew York Court of Appeals · 1871
- Herrick v. StoverNew York Supreme Court · 1830
- Renard v. . SampsonNew York Court of Appeals · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- City of Pasadena v. California-Michigan Land & Water Co.California Supreme Court · 1941
- Lewis v. YoungNew York Court of Appeals · 1998
- Winslow v. City of VallejoCalifornia Supreme Court · 1906
- Missionary Society of the Salesian Congregation v. EvrotasNew York Court of Appeals · 1931
- Guillet v. LivernoisMassachusetts Supreme Judicial Court · 1937
88 more not listed; retrieve them via the Exa API.