Opinion
Argued May 28th, 1941.
Decided September 19th, 1941.
Under the particular circumstances of this case, a right of way by necessity arose in favor of the complainant over the land of the defendant corporation.
On appeal from a decree of the Court of Chancery advised by Vice-Chancellor Egan, whose opinion is reported at 128 N.J. Eq. 460.
Mr. Benjamin J. Darling and Mr. John H. Jobes, for the appellants.
Messrs. Marcus Katz and Mr. William H. Speer, for the respondent.
The facts are set forth at length in the opinion of the Vice-Chancellor and need not be repeated here. We are of the opinion that, under the particular circumstances of this case, a right of way by necessity arose in favor of the complainant over the land of the defendant Loy Corporation. Although it can make no difference in the determination of this case, it is to be noted that the case of Blumberg v. Weiss, 126 N.J. Eq. 616; 10 Atl. Rep. 2d 743, cited in the opinion below, was reversed in this court, 129 N.J. Eq. 34; 17 Atl. Rep. 2d 823.
The decree is affirmed.
For affirmance — THE CHIEF-JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, COLIE, DEAR, WELLS, RAFFERTY, HAGUE, THOMPSON, JJ. 14.
For reversal — None.