Yeager v. Tuning
Ohio Supreme Court
Error to the Circuit Court of Gallia county. The plaintiffs in error, Garret Yeager, J. W. Smith, William Davis, Jacob Miller, James Jones, H. H. Viars, C. C. Reese, J. G. Robertson and Mary E. Trichler, were plaintiffs in the court of common pleas, and the defendants in error, John P. Tuning, James J. Maddy, G. R. Viars, Clark Berry, A. L. Keeler, P. F. Hern and Phoebe Hern, were defendants in that court.
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Error to the Circuit Court of Gallia county. The plaintiffs in error, Garret Yeager, J. W. Smith, William Davis, Jacob Miller, James Jones, H. H. Viars, C. C. Reese, J. G. Robertson and Mary E. Trichler, were plaintiffs in the court of common pleas, and the defendants in error, John P. Tuning, James J. Maddy, G. R. Viars, Clark Berry, A. L. Keeler, P. F. Hern and Phoebe Hern, were defendants in that court. It is averred in the petition, that the plaintiffs and the defendants mutually agreed, orally, to construct a telephone line over and across their respective lands and to their respective…
1Opinion of the CourtSummers, J.
If the plaintiffs are entitled to a specific performance of the agreement, then they have an easement created bv parol in the lands of the defendants.
An easement is a right without profit, created by grant or prescription, which the owner of one estate may exercise in or .over the estate of another for the benefit of the former. A license is a personal, revocable and non-assignable privilege, conferred either by writing or parol, to do one or more acts upon land without possessing any interest therein. The Greenwood Lake & P. J. Railroad Co. v. The N. Y. & G. L. Railroad Co., 134 N. Y., 435.…
2Cases cited8 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Crosdale v. . LaniganNew York Court of Appeals · 1892
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- G.L. P.J.R.R. Co. v. . N.Y. G.L.R.R. Co.New York Court of Appeals · 1892
- St. Louis National Stock Yards v. Wiggins Ferry Co.Illinois Supreme Court · 1884
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