BIRDSEY v. KOSIENSKI


140 Conn. 403 (1953)

PRESTON C. BIRDSEY v. JOHN KOSIENSKI ET AL.

Supreme Court of Connecticut.

Decided November 10, 1953.


Attorney(s) appearing for the Case

Charles G. Albom and Joseph Bogdanski, for the appellants (defendants).

Samuel H. Platcow, with whom was Francis R. Danaher, for the appellee (plaintiff).

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


INGLIS, C. J.

The trial court rendered a judgment enjoining the defendants from obstructing a right of way which the plaintiff claimed to have over their land. On this appeal from that judgment the principal contentions are that the court erred in concluding that the plaintiff owned the right of way, particularly in the course designated by the court, and that, if the right of way existed, the court should have refused an injunction because the plaintiff had been...

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