Legal Opinion

Nellis v. Countryman

New York Supreme Court

Decided June 15, 1909PublishedCited by 2 opinions

Aotioe to determine right of way.

1Opinion of the CourtVan Kirk, J.

The plaintiff owns a lot containing about ■twelve acres, lying between the highway known as the Krings Bush road and lands of the defendant. Because the defendant has insisted upon his right to pass from his own lands across the twelve-acre lot to reach said highway, this action is brought. The facts of the case are simple and practically undisputed. The plaintiff’s lot we will call the Nellis lot, and the defendant’s lot the Countryman lot. The Countryman lot has not, for many years at least, been occupied by any residence; but, as long as the memory of any witness on the stand goes back,…

2Cases cited3 opinions

  1. Ogden v. . JenningsNew York Court of Appeals · 1875
  2. Colburn v. MarshNew York Supreme Court · 1893
  3. Bushey v. SantiffNew York Supreme Court · 1895

3Cited by2 opinions

  1. Nellis v. CountrymanAppellate Division of the Supreme Court of the State of New York · 1912
  2. Olofson v. MalpedeNew York Supreme Court · 1926

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