Home/W.D. Michigan/Levy v. Dossin's Food Products

Levy v. Dossin's Food Products

72 F. Supp. 855, 1947 U.S. Dist. LEXIS 2408
District Court, W.D. Michigan·Decided July 18, 1947·No. Civ. No. 702·Published·Cited by 1 cases

Opinion

STARR, District Judge.

Plaintiffs Richard Levy and Arnold A. Schwartz are residents and citizens of the State of Illinois, and defendant Dossin’s Food Products (herein referred to as “Dos-sin’s”) is a Michigan corporation with its principal office in the city of Detroit.

For several years prior to January 30, 1941, the Alabastine Company, a corporation, owned certain land and the factory buildings thereon, located on the northerly side of Chicago drive in the city of Grand Rapids, Michigan. In the present suit an easterly portion of this land, having a frontage of 90.9 feet on Chicago drive, is referred to as “parcel one” and the remainder of the land, having a frontage of 228.43 feet on Chicago drive, is referred to as “parcel two.” Prior to January 30, 1941, the Alabastine Company had used both parcels of land and buildings thereon in connection with its paint manufacturing business, the buildings on parcels one and two being connected by a passageway. During this time the company had established a driveway extending from the rear (northerly) end of the building on parcel one in a southwesterly direction across parcel two to Chicago drive, for ingress and egress to and from the buildings on both parcels. A sketch or map (plaintiffs’ exhibit 1) is hereto attached showing the boundaries of the [857]*857parcels, the location of buildings thereon, and the driveway which is the subject of dispute in the present case.

On January 30, 1941, the Alabastine Company sold and conveyed parcel two and the building thereon by warranty deed to de[858]*858fendant Dossin’s. Following this sale the passageway which connected the buildings on parcels one and two was removed, and the buildings were disconnected. Thereafter each company continued its business in the building on the parcel owned by it. It should be noted that in its warranty deed of parcel two, the Alabastine Company did not reserve an easement or any rights whatever in the existing driveway over parcel two. However, it continued to use this driveway in common with defendant.

[857]*857

Free access — add to your briefcase to read the full text and ask questions with AI

Levy v. Dossin's Food Products, 72 F. Supp. 855, 1947 U.S. Dist. LEXIS 2408 (W.D. Mich. 1947).

72 F. Supp. 855 (Levy v. Dossin's Food Products) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Francis M. Marley v. The United States
381 F.2d 738 (Court of Claims, 1967)