Legal Opinion

Wynkoop v. Burger

New York Supreme Court

Decided May 15, 1815PublishedCited by 16 opinions

IN ERROR from the court of common pleas for the county ^ 0f Greene. - Burger, the plaintiff in the court below, brought an action on the case against Wynkoop, the defendant below, to recover damages for an alleged obstruction of a right of way, claimed by Burger over the lands of Wynkoop, in which lie recovered a ver(bct of thirty dollars with costs.

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IN ERROR from the court of common pleas for the county ^ 0f Greene. - Burger, the plaintiff in the court below, brought an action on the case against Wynkoop, the defendant below, to recover damages for an alleged obstruction of a right of way, claimed by Burger over the lands of Wynkoop, in which lie recovered a ver(bct of thirty dollars with costs. A bill of exceptions was ^a^eH by the defendant below, and a writ of error brought. ^Ie counsel for the parties agreed to make a case, instead of a return to the writ of error. The locus in. quo is part of a tract of land, formerly held in common…

1Opinion of the Court

Per Curiam,

The judgment of the court below must be i affirmed. The right of way is established by grant; and there is, of course, no necessity for presuming a grant, from the long acquiescence in the use of the way. The grant does not designate the precise place; but the length of time the way has been used in a particular place shows the location by the„ acts and acquiescence of the parties. It would be extremely*' unjust to allow the plaintiff in error, to be changing this road whenever he pleased. As it is a private way for the accommodation of the defendant in error, it must be kept in…

2Cited by16 opinions

  1. Winslow v. City of VallejoCalifornia Supreme Court · 1906
  2. Karmuller v. KrotzSupreme Court of Iowa · 1865
  3. Lamont v. HaigDistrict Court, D. South Dakota · 1982
  4. Indianapolis & Vincennes Railroad v. ReynoldsIndiana Supreme Court · 1888
  5. Kinney v. HookerSupreme Court of Vermont · 1892

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