JENKINS v. NEW YORK CENT. R. R. CO.


1 A.D.2d 57 (1955)

Clayton E. Jenkins et al., Respondents, v. New York Central Railroad Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 23, 1955.


Attorney(s) appearing for the Case

Vincent G. Connelly for appellant.

N. LeVan Haver for respondents.

BERGAN, COON, HALPERN and ZELLER, JJ., concur.


FOSTER, P. J.

This is an appeal by defendant from a judgment of the Supreme Court, Ulster County which enjoined the defendant railroad company from interfering with the use by plaintiffs of an alleged crossing.

On the argument of this appeal defendant raised only two points: (1) the evidence does not justify the finding that the user by plaintiffs of the crossing was under a claim of right; (2) the evidence does not rebut the presumption that...

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