New Jersey Superior Court Appellate Division, 1941

Boylan v. Loy Corp.

Boylan v. Loy Corp.
New Jersey Superior Court Appellate Division · Decided September 19, 1941 · PER CURIAM.
21 A.2d 771; 130 N.J. Eq. 203; 1941 N.J. LEXIS 584 (Atlantic Reporter, Second Series)

Boylan v. Loy Corp.

Opinion of the Court

Per Curiam.

The facts are set forth at length in the opinion of the Yice-Chancellor and need not be repeated here. We are of the opinion that, under the particular circumstances of this case, a right of way by necessity arose in favor of the complainant over the land of the defendant Loy Corporation. Although it can make no difference in the determination of this case, it is to be noted that the ease of Blumberg v. Weiss, 126 N. J. Eq. 616; 10 Atl. Rep. (2d) 743, cited in the opinion below, was reversed in this court, 129 N. J. Eq. 34; 17 Atl. Rep. (2d) 823.

The decree is affirmed.

For affirmance — The Chief-Justice, Parker, Case, Bodine, Donges, Heher, Perskie, Porter, Colie, Dear, Wells, Raeeerty, Hague, Thompson, JJ. 14.

For reversal — None.

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