Ozyck v. D'Atri

In this action the plaintiffs sought to quiet their title with respect to a right of way claimed over the defendants' land, to enjoin the acts of the defendants in obstructing their use of it, and to obtain other related relief. Acting as the trial court, Hon. Philip R. Pastore, state trial referee, found the issues for the defendants and rendered judgment in their favor. The plaintiffs have appealed, presenting as the principal issue whether this court should abandon or modify the ancient doctrine that “[n]o right of way appurtenant can be created without a dominant as well as a servient…