Blydenburgh v. Ely

Headnote

Blydenburgh v. Ely, 161 App. Div. 91 , affirmed.

Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 23, 1914, affirming a judgment in favor of plaintiff for part of the relief demanded in the complaint, entered upon a decision of the court at a Trial Term without a jury in an action to enforce a right of way across defendant’s land and to compel him to remove two gates which he had erected and locked, one across the road at the northern and the other at the southern extremity of the defendant’s property. The plaintiff had judgment against the defendant concern

ing the northern gate with the exception that the court held that defendant had a right to maintain an easy swinging gate but no right to lock it against the plaintiff. As to the gate on the southern extremity of the road the plaintiff’s cause of action was dismissed upon the ground that it did not come within the issue raised by the pleadings.