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FLETCHER v. DELAWARE, L. & W. R. CO.

No. 458.

79 F.2d 306 (1935)

FLETCHER v. DELAWARE, L. & W. R. CO.

Circuit Court of Appeals, Second Circuit.

July 29, 1935.

Attorney(s) appearing for the Case

Mackenzie, Smith & Michell, of Syracuse, N. Y. (Charles E. Spencer and M. J. Allen, both of Syracuse, N. Y., of counsel), for appellant.

Southworth & Malone, of Utica, N. Y. (M. Francis Malone, of Utica, N. Y., of counsel), for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff brought suit (1) to recover past damages from the defendant railroad company because it had maintained tracks across plaintiff's land and had unlawfully operated locomotives and cars thereon; and (2) to restrain the maintenance and operation of the railroad upon the land in the future. The answer admitted the ownership by plaintiff of the lands described in the complaint, but alleged that they were subject to an easement...

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