Pope v. . O'Hara
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the sixth judicial district, affirming a judgment in favor of the plaintiff entered upon a decision of the court at Special Term.
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Appeal from a judgment of the General Term of the Supreme Court in the sixth judicial district, affirming a judgment in favor of the plaintiff entered upon a decision of the court at Special Term. This action is for the recovery of one-half of the expense of taking down a wall standing wholly on the plaintiff’s land, and rebuilding it, to be used as a party wall between the building of the plaintiff on the east and the defendant on the west, under a written contract for that purpose. The defendant answered, alleging that he had a right of way easterly through the plaintiff’s cellar, and the…
1Opinion of the Court
Leonard, C.
The agreement of March, 1851, to extinguish the right to use the railway running transversely through the cellars of the four stores on Ely place, Binghamton, was found by the judge before whom the action was tried at the circuit, on parol evidence, and an exception was there taken to its admissibility, and it must be conceded that if such evidence was illegally admitted, the fact of the agreement so found is not sustained by testimony.
It will be necessary briefly to consider the evidence relating to the origin of the right, so as to ascertain the true aspect of the question. Cyrus…
2Cases cited2 opinions
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
3Cited by9 opinions
- Mott v. . MottNew York Court of Appeals · 1877
- Woodside v. CiceroniCourt of Appeals for the Ninth Circuit · 1899
- Dunn v. YoumansIllinois Supreme Court · 1906
- Finnegan v. . McGuffogNew York Court of Appeals · 1911
- Wilson v. FordAppellate Division of the Supreme Court of the State of New York · 1911
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