NEUHAUS v. LONG ISLAND RAIL RD. CO.


30 A.D.2d 825 (1968)

Annette Neuhaus, Individually and as Executrix of Hugo Neuhaus, Deceased, Respondent, v. Long Island Rail Road Company, Appellant

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

July 8, 1968


Judgment affirmed, with costs.

In our opinion, any ambiguity in the deed prepared by defendant, which provides that it shall maintain a "road or farm crossing" over the railroad tracks, must be construed against it (Blackman v. Striker, 142 N.Y. 555, 560). Under the statute existing at the time of the execution of the deed (1869), the railroad was required to maintain a farm crossing even if the deed were silent on this aspect (L. 1850, ch. 140, § 44 as...

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