THE TYLER CO. v. HANSEN


20 N.J. Super. 309 (1952)

90 A.2d 31

THE TYLER COMPANY, ET AL., PLAINTIFFS-RESPONDENTS, v. WALTER HANSEN, JR., ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1952.


Attorney(s) appearing for the Case

Mr. W. Louis Bossle argued the cause for the respondents.

Mr. Louis B. Le Duc argued the cause for the appellants.

Before Judges EASTWOOD, BIGELOW and FRANCIS.


The opinion of the court was delivered by BIGELOW, J.A.D.

The defendants appeal from a summary judgment entered in favor of their adversaries. The question concerns an easement of way. Should the owners of the servient tenements have been enjoined from parking their automobiles in the roadway at any time?

The way was created in 1922 by a covenant executed by the owners of two adjoining tracts of land. The instrument...

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