Robinson v. Byrne

Appellate Division of the Supreme Court of New York

Robinson v. Byrne

278 A.D. 783, 104 N.Y.S.2d 74, 1951 N.Y. App. Div. LEXIS 4732

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 16, 1951

StatusPublished

Cited by2 cases

This text of 278 A.D. 783 (Robinson v. Byrne) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robinson v. Byrne, 278 A.D. 783, 104 N.Y.S.2d 74, 1951 N.Y. App. Div. LEXIS 4732 (N.Y. Ct. App. 1951).

Pincite

Opinion

Appeal by defendant from a judgment enjoining him from interfering with gas pipes, electric light and telephone wires running across defendant’s premises and serving plaintiffs’ premises, and further granting judgment to plaintiffs for $678.68 damages for wrongful breaking of a water pipe which crossed defendant’s property. Judgment reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. At the time of the conveyance by Campbell to Almon on December 1, 1945, there were" no water pipes, gas mains, electric or telephone wires serving any part of the premises now owned by plaintiffs. These easements were not necessary for the reasonable use of that part of the property granted at that time which is now owned by plaintiffs and, therefore, may not be implied. Plaintiffs Tufts in the companion action may not subject defendant’s property to servitude or use in connection with the premises of plaintiffs Robinson in the present action. {McCullough v. Broad Fxch. Co., 101 App. Div. 566, 572, affd. 184 N. Y. 592.) (See Tufts v. Byrne, post, p. 783, decided simultaneously herewith.) Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.

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

Appeal by defendant from a judgment enjoining him from interfering with gas pipes, electric light and telephone wires running across defendant’s premises and serving plaintiffs’ premises, and further granting judgment to plaintiffs for $678.68 damages for wrongful breaking of a water pipe which crossed defendant’s property. Judgment reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. At the time of the conveyance by Campbell to Almon on December 1, 1945, there were" no water pipes, gas mains, electric or telephone wires serving any part of the premises now owned by plaintiffs. These easements were not necessary for the reasonable use of that part of the property granted at that time which is now owned by plaintiffs and, therefore, may not be implied. Plaintiffs Tufts in the companion action may not subject defendant’s property to servitude or use in connection with the premises of plaintiffs Robinson in the present action. {McCullough v. Broad Fxch. Co., 101 App. Div. 566, 572, affd. 184 N. Y. 592.) (See Tufts v. Byrne, post, p. 783, decided simultaneously herewith.) Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

278 A.D. 783, 104 N.Y.S.2d 74, 1951 N.Y. App. Div. LEXIS 4732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-byrne-nyappdiv-1951.

Opinion

Related

Cite This Page — Counsel Stack