Winne v. Winne
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary A. Winne, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 8th day of April, 1903, ■ upon the decision of the court rendered after a trial at the Albany Trial Term, the jury having been discharged, dismissing the complaint upon the merits.
1Opinion of the Court
The following is the opinion of Herrick, J., delivered at the Albany Trial Term: ,
Herrick, J.:
Action for an injunction to restrain the defendant from going over the plaintiff’s land, and for damages.'
Defense, an easement and right of way.
Hpon the trial it appeared that one Francis Winne formerly owned and occupied a tract of land in the town of Bethlehem, Albany county, with a highway upon two sides of his land; that during his lifetime he maintained and used a passage or roadway leading from his dwelling house to each of said roads, such passage or roadway being in existence prior to the…
2Cases cited5 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Miller v. GarlockNew York Supreme Court · 1850
- Nicholls v. . WentworthNew York Court of Appeals · 1885
- Colburn v. MarshNew York Supreme Court · 1893
- Hinckel v. StevensAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by7 opinions
- Concklin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Tripp v. RichterAppellate Division of the Supreme Court of the State of New York · 1913
- Alleva v. TornatoreAppellate Division of the Supreme Court of the State of New York · 1938
- Fronckowiak v. PlatekAppellate Division of the Supreme Court of the State of New York · 1912
- Horton v. Queens County Machinery Corp.New York Supreme Court · 1917
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