New York Court of Appeals

Henry Welsh, Appellant v. John Taylor, Respondent

October 1, 1892134 N.Y. 450

Summary

The New York Court of Appeals reversed the lower court's judgment, holding that non-use of an easement does not constitute abandonment and that the plaintiff is not estopped from asserting his easement rights because not all of his grantors were estopped. The Court ordered a new trial.