Gates Wiseman, Executors v. Jacob Lucksinger, Appellant

Summary

The New York Court of Appeals reversed the lower courts' judgment that had declared the plaintiff possessed an easement to drain his property through the defendant's land. The Court held that the written receipt constituted only a revocable license, not an easement, and that no prescriptive easement had arisen because the plaintiff's use was by permission, not adverse. Accordingly, the case was remanded for a new trial.