Ketchum v. . Edwards
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 6, 1897, which affirmed an order of Special Term.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 6, 1897, which affirmed an order of Special Term. The order, from the affirmance of which this appeal is taken, adjudged the defendant in contempt in violating that part of the final judgment in this action which restrained her from at any time “ erecting or maintaining any obstructions ” in a right of way across her premises, extending from the southerly end of a highway near the residence of the defendant, southerly to a three-rod road bounding the northerly line of…
1Opinion of the Court
Andrews, Oh. J.
The judgment determined that the plaintiff had a right of way over the premises of the defendant, which was obstructed by the fences erected by her on the north and south lines of her land. But it did not locate the way across the defendant’s land in front of her dwelling. It gave the width of the way, the starting point at the north, and described it as extending therefrom (that is, from the southerly end of the public highway) southerly to the three-rod road. Between these points its course was left undefined. A straight line between these points would not mark the way wlfich…
2Cases cited1 opinion
- The People v. . SturtevantNew York Court of Appeals · 1853
3Cited by103 opinions
- Juidice v. VailSupreme Court of the United States · 1977
- McCormick v. AxelrodNew York Court of Appeals · 1983
- Oriel v. RussellSupreme Court of the United States · 1929
- McCain v. DinkinsNew York Court of Appeals · 1994
- Department of Environmental Protection v. Department of Environmental ConservationNew York Court of Appeals · 1987
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