New York Supreme Court February 18, 1850 (Miller v. Garlock)

■By the Court, Paige, J.

A right of private way may arise either by prescription, or grant of the owner of the soil, or from necessity. (3 Kent's Com. 419. 2 Hil. Ab. 60.) A prescription rests upon the supposition of a grant. It is founded on the immemorial use of the way by the claimant and his ancestors, or by those whose estate he hath, which last is called prescribing in a que estate.