Mendelson v. McCabe

The defendant appeals from the judgment upon the judgment-roll alone. The material facts as found by the court and admitted by the pleadings are as follows:—

The plaintiff was the owner of a right of way across, the rear of the lot of the defendant, subject to the right of the defendant to maintain gates thereon at the points of ingress and egress to his lot, and the maintenance of such gates was necessary to inclose the lot of the defendant and permit of his reasonable enjoyment of the same. The defendant for several years prior to the action had maintained a light and easily opened gate at…