Woodruff v. . Paddock
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 11, 1890, which affirmed a judgment in favor of defendant entered upon the report of a referee.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 11, 1890, which affirmed a judgment in favor of defendant entered upon the report of a referee. This action was begun May 2, 1889, to recover a judgment to perpetually restrain the defendant from excluding the plaintiffs from using as a way a strip of land one rod in width, extending along the east side of their premises (lot 45), and damages for having prevented them from having so used the strip before the action was begun. Their alleged cause of action was based…
1Opinion of the Court
Eollett, Ch. J.
The referee found that from 1826 to 1846, the alley was used by the public, and by such use became a public way, but that its use had been abandoned by the public for more than forty years before this action was begun. He also found that between 1846 and 1850, a fence stood on the boundary line between lot 45 and the alley, and that between these dates John Conolly kept the alley closed by a gate at the Tremont street end, planted trees, erected a coal-shed thereon, and that from 1850 to the date of his death in 1888, he was in the actual, exclusive and notorious possession of…
2Cases cited5 opinions
- Snell v. . LevittNew York Court of Appeals · 1888
- Baker v. . OakwoodNew York Court of Appeals · 1890
- Simmons v. . CloonanNew York Court of Appeals · 1880
- Abendroth v. Manhattan Railway Co.New York Court of Appeals · 1890
- Yeakle v. NaceSupreme Court of Pennsylvania · 1837
3Cited by32 opinions
- Spiegel v. FerraroNew York Court of Appeals · 1989
- Hennessy v. . MurdockNew York Court of Appeals · 1893
- State Highway Board v. BaxterSupreme Court of Georgia · 1928
- Franza v. OlinAppellate Division of the Supreme Court of the State of New York · 2010
- Empire City Subway Co. v. Broadway & S. A. RailroadNew York Supreme Court · 1895
27 more not listed; retrieve them via the Exa API.