The opinion of the court was delivered by LEONARD, J.A.D.
Plaintiff appeals from a judgment of dismissal entered by the trial court in its declaratory judgment action wherein it sought a "ruling that defendant should pay the cost of replacing or repairing" a footbridge over defendant's tracks.
In the late 1800's, when defendant's railroad was built, the land where the bridge is located was a farm owned by one Dod. Since the railroad bisected his farm, defendant...
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