Smith v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by tbe plaintiff, John B. Smitli, from a judgment of the Supreme Court in favor of tbe defendant, entered in tbe office of the clerk of the county of New York on the 3d day of December, 1906, upon the decision of the court, rendered after a trial at the New York Special. Term, dismissing the complaint upon the merits.'
1Dissent
McLaughlin, J. (dissenting) :
This action was brought to procure a judgment establishing a private right of way over certain real estate of- the defendant, and *283for an injunction and damages. The complaint was dismissed on the merits and the plaintiff appeals.
There is little or no dispute as to the material facts involved. In 1807 a street called Avenue A, running between One Hundredth and One Hundred and Sixth streets and parallel to and east of First avenue, was laid out on a map of the city'of New York, made by commissioners appointed under an act of the Legislature.* In 1841 a private map…
2Cases cited7 opinions
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Lord v. . AtkinsNew York Court of Appeals · 1893
- Kings County Fire Ins. Co. v. . StevensNew York Court of Appeals · 1886
- Matter of AdamsNew York Court of Appeals · 1894
- In re One Hundred & Sixteenth StreetAppellate Division of the Supreme Court of the State of New York · 1896
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