CHAIKEN v. HARRY J. O'MEARA TILE CO.


184 S.E.2d 746 (1971)

212 Va. 510

Albert CHAIKEN v. HARRY J. O'MEARA TILE CO., Inc.

Supreme Court of Virginia.

November 29, 1971.


Attorney(s) appearing for the Case

Edward D. Gasson, Fairfax (Phillips, Kendrick, Gearheart & Aylor, Fairfax, on brief), for appellant.

Robert C. Lowe, Herndon, for appellee.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN, and HARMAN, JJ.


HARMAN, Justice.

This is an appeal from a final decree in a declaratory judgment suit in which the trial court awarded Harry J. O'Meara Tile Co., Inc., (O'Meara) an easement by necessity over property of Albert Chaiken (Chaiken).

We need consider only one assignment of error, namely, that the evidence was insufficient to establish O'Meara's right to such an easement.

Both parcels of land were originally...

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