New York Court of Appeals

Jacob Bakeman v. . Absalom Talbot.

March 5, 186531 N.Y. 366

Summary

The New York Court of Appeals affirmed the judgment for the defendant, holding that a reserved private right of way requires the servient owner to provide reasonable facilities for passage, not an unobstructed road or permanent gates. The court noted that the existing removable bars and slip gates satisfy the easement under the circumstances.