Birkett Mills v. Fenner
New York Supreme Court
Action by the Birkett Mills against William B. Fenner to enjoin defendant from interfering with a right to the use of certain switch tracks over his land. Judgment for plaintiff.
1Opinion of the CourtSawyer, J.
In my judgment the facts of this case bring it within the rule laid down in Wells v. Garbutt, 132 N. Y. 430, 30 N. E. 978.
[1] The burden of the switch tracks and their use was at the time of the deed to Benjamin F. Fenner apparent, continuous, and strictly necessary for the enjoyment of that portion of premises retained by his grantors, a condition which has ever since remained and still exists. Rate in the year 1884 the track was laid from the railroad, now operated by the New York Central, to the mills owned by plaintiff, and has ever1 since remained substantially as originally placed, and…
2Cases cited11 opinions
- Wells v. . GarbuttNew York Court of Appeals · 1892
- Parsons v. . JohnsonNew York Court of Appeals · 1877
- Simmons v. . CloonanNew York Court of Appeals · 1880
- T. B.R.R. Co. v. . B., H.T. W. Ry. Co.New York Court of Appeals · 1881
- Outerbridge v. PhelpsThe Superior Court of New York City · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1932