South Norwalk Lodge, No. 709 v. Palco Hats, Inc.

The question presented upon this appeal is whether the court erred in granting an injunction restraining the defendant from interfering with the plaintiff’s use of a right of way over the defendant’s land. The action was started in August, 1950, and the basic question is whether the plaintiff had acquired, prior to that time, a right of way by prescription.

The finding, which is not subject to correction, discloses the following facts: Since 1914 the plaintiff has owned land, on which there is a building used as a clubhouse and lodge room, on the west side of South Main Street, South Norwalk.…