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SOUTH NORWALK LODGE v. PALCO HATS, INC.

140 Conn. 370 (1953)

THE SOUTH NORWALK LODGE, NO. 709, BENEVOLENT AND PROTECTIVE ORDER OF ELKS, INC. v. PALCO HATS, INC.

Supreme Court of Connecticut.

Decided November 3, 1953.

Attorney(s) appearing for the Case

Harry M. Lessin, with whom, on the brief, was Leon R. Nemore, for the appellant (defendant).

John Keogh, Jr., with whom was Alfred W. Burkhart, for the appellee (plaintiff).

BALDWIN, INGLIS, O'SULLIVAN, QUINLAN and WYNNE, JS.

BALDWIN, J.

The question presented upon this appeal is whether the court erred in granting an injunction restraining the defendant from interfering with the plaintiff's use of a right of way over the defendant's land. The action was started in August, 1950, and the basic question is whether the plaintiff had acquired, prior to that time, a right of way by prescription.

The finding, which is not subject to correction...

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