Spencer v. Lighthouse
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John 0. Lighthouse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clérk of the county of Monroe on the 8th day of February, 1906, upon the decision of the court, rendered after a trial at the Monroe Special Term.
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Appeal by the defendant, John 0. Lighthouse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clérk of the county of Monroe on the 8th day of February, 1906, upon the decision of the court, rendered after a trial at the Monroe Special Term. The action was commenced on the 7th day of January, 1904, to procure a determination that the plaintiff is entitled to free and uninterrupted passage through a door leading from the street to and from the building described in the complaint, and through the halls and upon the stairways leading to the upper…
1Opinion of the Court
McLennan, P. J.:
The structure which is called or designated in the evidence as two buildings and which is the subject of this controversy, is, located on the west side of State street in the city of Rochester, JST. Y. It practically consists of two buildings, separated from, each other by a party or division wall extending from the ground to the roof, four stories in height. The ground floor is occupied by stores, one upon either side of said party wall. The upper stories on both sides are arranged so as to be. occupied by families or lodgers for living rooms. The defendant is the owner of…
2Cases cited3 opinions
- Welsh v. . TaylorNew York Court of Appeals · 1892
- Smyles v. . HastingsNew York Court of Appeals · 1860
- G.L. P.J.R.R. Co. v. . N.Y. G.L.R.R. Co.New York Court of Appeals · 1892
3Cited by6 opinions
- Adirondack Power & Light Corp. v. EvansAppellate Division of the Supreme Court of the State of New York · 1929
- Heughes v. Galusha Stove Co.Appellate Division of the Supreme Court of the State of New York · 1909
- South Buffalo Stores, Inc. v. W. T. Grant Co.New York Supreme Court · 1934
- Buffalo Academy of the Sacred Heart v. Boehm Bros.Appellate Division of the Supreme Court of the State of New York · 1934
- Scrum v. DavisNew York Supreme Court · 1931
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