New York Court of Appeals

Harriet M. Palmer, Appellant v. John W. Palmer, Respondent

October 6, 1896150 N.Y. 139

Summary

The Court reversed the lower court, holding that Harriet M. Palmer retained a right of way by necessity over her brother's farm to reach her private cemetery. The lane in question was a private way, not a public highway, and her tenancy in common in the cemetery did not create an easement against the co‑tenants.