New York Court of Appeals

James Bridger, Respondent v. Henry R. Pierson, Appellant

May 30, 187145 N.Y. 601

Summary

The Court held that the deed's clause reserving a right of way was to be construed as an exception excluding the existing prescriptive easement from the covenant for quiet enjoyment, not as a reservation creating a right in a non‑party, and therefore reversed the lower court's judgment and ordered a new trial.