Boylan v. Loy Corp.

New Jersey Superior Court Appellate Division
Boylan v. Loy Corp., 21 A.2d 771 (1941)
130 N.J. Eq. 203; 1941 N.J. LEXIS 584
PER CURIAM.

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.

Reference

Full Case Name
Mary R. Boylan, Complainant-Respondent, v. Loy Corporation Et Al., Defendants-Appellants
Cited By
8 cases
Status
Published