Philander W. Fobes, Resp’t v. the Rome, Watertown & Ogdensburg R. R. Co., App’lt

Summary

The New York Court of Appeals reversed the lower courts, holding that a railroad authorized by the legislature and city to operate on the surface of a public street does not take an adjoining owner's easement when the owner lacks fee title, and that there is no legal distinction between steam and horse railroads for this purpose.