Majority
p. 589Fred Brooks et al., Respondents, v. Robert Wheeler, Appellant. (Argued May 10, 1928; decided May 29, 1928.)
Headnote
Beal property — easements — action to enjoin obstruction of right of way.Brooks v. Wheeler, 222 App. Div. 771 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 19, 1928, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The action was to enjoin the obstruction of a right of way between the plaintiffs’ farm and the highway. (See 243 N. Y. 28 .)
p. 590
Joseph A. McCabe and John E. Mack for appellant.
Elijah T. Russell for respondents.
Judgment affirmed, with costs; no opinion.
Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.
Cases cited
- Brooks v. Wheeler 243 N. Y. 28 p. 589