Ward v. . Warren
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the conn; on trial at Special Term. (Beported below, 15 Hun, 600.) This action was brought to restrain defendants from obstructing or interfering with a right of way claimed by plaintiff over defendants’ premises.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the conn; on trial at Special Term. (Beported below, 15 Hun, 600.) This action was brought to restrain defendants from obstructing or interfering with a right of way claimed by plaintiff over defendants’ premises. The facts upon which depend plaintiffs right to the way are set forth sufficiently in the opinion. The trial court found in addition thereto that defendants were making excavations and constructing a building across…
1Opinion of the CourtEarl, J.
This action was commenced to enjoin the obstruction by the defendants of a passage-way claimed by the plaintiff over their land. The parties owned adjoining lots on Fourth street, in the city of Troy, the plaintiff’s lot being northerly of that owned by the defendants. There were dwelling-houses upon both lots, plaintiff’s house standing on the southerly line of his lot, and the house of defendants standing southerly of their north line, so as to leave an alley between the two houses nearly three feet wide. The plaintiff claimed an easement in this alley for passage to and from the rear part…
2Cases cited4 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Tracy v. AthertonSupreme Court of Vermont · 1863
- Curtis v. KeeslerNew York Supreme Court · 1852
- Hannefin v. BlakeMassachusetts Supreme Judicial Court · 1869
3Cited by37 opinions
- Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Texas Western Railway Co. v. WilsonTexas Supreme Court · 1892
- Treadwell v. . InsleeNew York Court of Appeals · 1890
- Conn v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1927
32 more not listed; retrieve them via the Exa API.