Hey v. Collman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gerhard Coliman, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Orange on the 24th day of February, 1902, upon the decision of the court rendered after a trial at the Orange Special Term. The action was commenced December 19, 1899, and the complaint alleges that the defendants obstructed the right of way-referred to therein May 4, 1897.
1Opinion of the Court
Jenks, J.:
This is an action to establish a right of way appurtenant to the lands of the plaintiffs in a road over the lands of the defendant and to recover damages for the obstruction thereof. The learned Special Term (Dickey, J., presiding) inter alia found that from April, 1873, the plaintiffs had used the road continuously, uninterruptedly and exclusively in reaching their farms, and that such use was open, notorious, uninterrupted, undisputed, under claim of right, and adverse to the predecessors in title of defendant’s land during all that time.
In Nicholls v. Wentworth (100 N. Y. 455)…
2Cases cited12 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
- Hammond v. . ZehnerNew York Court of Appeals · 1860
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Concklin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Kelly v. SchwendAppellate Division of the Supreme Court of the State of New York · 2005
- Fronckowiak v. PlatekAppellate Division of the Supreme Court of the State of New York · 1912
- Niesz v. SpencerAppellate Division of the Supreme Court of the State of New York · 1925
- Olin v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1918