Wheeler v. . Clark
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment of the City Court of Brooklyn in favor of defendant, entered upon the decision of the judge at Special Term. This action was brought to restrain defendant from erecting buildings upon a portion of his premises over which plaintiff claimed a right of way.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment of the City Court of Brooklyn in favor of defendant, entered upon the decision of the judge at Special Term. This action was brought to restrain defendant from erecting buildings upon a portion of his premises over which plaintiff claimed a right of way. Plaintiff was the owner of one, and defendant of three lots, in the city of Brooklyn; their titles were derived from a common source. Prior to 1836, one Edward Sandford owned a piece of land. including the lots in question,…
1Opinion of the Court
Church, Ch. J.
It cannot be and is not seriously claimed, but that the Cripplebush road was legally discontinued as a public highway, under and by virtue of the legislative acts of 1835 and 1839. The findings of the referee, which are abundantly supported by the evidence, are conclusive upon this point. The plaintiff claims, however, that he is entitled to a private right of way over that portion of the old road -in front of the defendant’s premises, and extending to the center; and he predicates this right upon two grounds, viz., by prescription. and by grant, or a reservation in the nature…
2Cited by22 opinions
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Kings County Fire Ins. Co. v. . StevensNew York Court of Appeals · 1886
- Kerrigan v. BackusAppellate Division of the Supreme Court of the State of New York · 1902
- Raynor v. Syracuse UniversityNew York Supreme Court · 1901
- In re The Grade Crossing Commisioners of the City of Buffalo for the Appointment of CommissionersAppellate Division of the Supreme Court of the State of New York · 1924
17 more not listed; retrieve them via the Exa API.