Legal Opinion

Cyril E. Smith v. Vivian Defreitas

Court of Appeals for the Third Circuit

Decided April 3, 1964No. 14575PublishedCited by 9 opinions

1Opinion of the CourtMaris, Circuit Judge

This suit involves a controversy as to the right of the defendant Vivian deFreitas to use a passage and stairway 1 through the land of the plaintiff Cyril E. Smith for the purpose of ingress to and egress from her property. The plaintiff sought an injunction in the District Court of the Virgin Islands to restrain the defendant from such use. The district court held that the defendant was entitled to the use of the passage and stairway as a freeway and a way of necessity and entered a judgment so declaring and regulating its use. The plaintiff has appealed.

The plaintiff’s property is known as…

2Cases cited19 opinions

  1. Gerbig v. ZumpanoNew York Court of Appeals · 1960
  2. Cook v. TottenWest Virginia Supreme Court · 1901
  3. Ellis v. BassettIndiana Supreme Court · 1891
  4. Klein v. DoveCourt of Appeals of Maryland · 1954
  5. Haley v. Los Angeles County Flood Control DistrictCalifornia Court of Appeal · 1959

14 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Horace Case v. Arthur E. MorrisetteCourt of Appeals for the D.C. Circuit · 1973
  2. Malloy v. ReyesSupreme Court of The Virgin Islands · 2014
  3. Burdess v. United StatesDistrict Court, E.D. Arkansas · 1982
  4. United States of America, and Bertha Mae Tabbytite, Plaintiff-Intervenor v. Glen M. ClarkeCourt of Appeals for the Ninth Circuit · 1976
  5. Netsky v. SewerDistrict Court, Virgin Islands · 2002

4 more not listed; retrieve them via the Exa API.

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