HAMMETT v. ROSENSOHN


26 N.J. 415 (1958)

140 A.2d 377

JOHN E. HAMMETT, PLAINTIFF-RESPONDENT, v. JAMES ROSENSOHN AND FLORENTINE R. ROSENSOHN, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided April 3, 1958.


Attorney(s) appearing for the Case

Mr. Sam Weiss argued the cause for the defendants-appellants.

Mr. Francis E. Bright argued the cause for the plaintiff-respondent (Messrs. Dolan & Dolan, attorneys).


The opinion of the court was delivered by BURLING, J.

This case involves a dispute between adjoining property owners over the meaning and effect of certain reserved easements and restrictions in a deed. The judicial task is one of the construction of a written instrument.

In 1928 the plaintiff, John E. Hammett, purchased two adjoining parcels of land located in Sussex County. The area was and is scenic, rural and secluded. Since 1928 the plaintiff has maintained...

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