MAD RIVER SECURITIES, INC. v. FELMAN

No. 33277.

159 Ohio St. 512 (1953)

MAD RIVER SECURITIES, INC., APPELLANT, v. FELMAN ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 27, 1953.


Attorney(s) appearing for the Case

Messrs. Coolidge, Becker, Wall & Wood, for appellant.

Mr. Joseph W. Sharts and Mr. Harold H. Singer, for appellees.


ZIMMERMAN, J.

It is apparent from the record that the agreements of 1830, 1846 and 1874, particularly the latter, established a seven-foot private alley separating the premises now owned by Mad River and the Felmans, and both lower courts so found. It further appears that since its creation such alley has been regularly used for ingress and egress.

The Court of Common Pleas found that the Felmans were making an improper and unauthorized use of the alley by...

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