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  5. 14 A.D.2d 156 (1961)
 

CORNING v. LEHIGH VALLEY R. R. CO.

14 A.D.2d 156 (1961)

Robert F. Corning et al., Respondents, v. Lehigh Valley Railroad Company et al., Appellants Paul T. Myers et al., Respondents, v. Lehigh Valley Railroad Company et al., Appellants Clayton W. Smith et al., Respondents, v. Lehigh Valley Railroad Company et al., Appellants Robert W. Habersaat et al., Respondents, v. Lehigh Valley Railroad Company et al., Appellants

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

June 30, 1961.

Attorney(s) appearing for the Case

Frederick B. Bryant for appellants.

William S. Elder, Jr., for Robert F. Corning and others, respondents.

Ernest A. Dahman, Jr., for Clayton W. Smith and others, respondents.

All concur. Present — WILLIAMS, P. J., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ.

HALPERN, J.

The question presented in this case is whether the defendant Lehigh Valley Railroad Company, as the successor to the Cayuga Lake Railroad Company, owned the land occupied by it as part of its right of way in fee simple or whether it merely had a railroad easement.

The Cayuga Lake Railroad Company was incorporated on July 1, 1867 under chapter 140 of the Laws of 1850 for the purpose

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