Mary J. Lewis, Appellant and Respondent v. the New York and Harlem Railroad Company, Respondents and…

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the Harlem Railroad did not acquire title by adverse possession, but did acquire prescriptive rights to the existing railroad structures, and was liable only for the additional trespass caused by the new steel viaduct and temporary trestles. The plaintiff is entitled to the net difference in damages between the old and new structures and an injunction to prevent further trespass.