Fritz v. . Tompkins
New York Court of Appeals
Appeal from an order of the Appellate Division óf the Supreme Court in the third judicial department, entered March 23, 1899, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division óf the Supreme Court in the third judicial department, entered March 23, 1899, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The order of the Appellate Division reversing the judgment does not state the reversal was upon the facts, and, therefore, it must be presumed under section 1338 of the Code of Civil Procedure that the judgment was not reversed upon a question of fact,…
1Opinion of the CourtBartlett, J.
This action was commenced on the 14th day of December, 1893, to restrain the defendant from obstructing a private road or right of way, to the use of which plain-, tiff was alleged to be entitled, over the lands of the former. The answer pleads title in fee in the defendant and denies that the plaintiff is entitled to the use of the alleged right of way.
•The parties own adjoining farms; the farm of the plaintiff is known as lot five and that of the defendant as lot six. The farm of the defendant lies to the north of the plaintiff’s, and is crossed from southeast to northwest by a public…
2Cases cited10 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Paine v. . ChandlerNew York Court of Appeals · 1892
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
- Smyles v. . HastingsNew York Court of Appeals · 1860
- United States v. AppletonU.S. Circuit Court for the District of Massachusetts · 1833
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Herndon v. . R. R.Supreme Court of North Carolina · 1913
- Seeman v. . LevineNew York Court of Appeals · 1912
- Biggs v. . Sea Gate Assn.New York Court of Appeals · 1914
- Herndon v. Durham & Southern RailroadSupreme Court of North Carolina · 1913
- Naccash v. Hildansid Realty Corp.New York Supreme Court · 1931
7 more not listed; retrieve them via the Exa API.