Horne v. Hempstead & Oyster Bay Water Co.

At the close of the plaintiffs’ case the defendant moved to dismiss the complaint on the ground that the complaint itself does not state facts sufficient to constitute a cause of action, and, furthermore, on the ground that the plaintiffs failed to prove a cause of action against the defendant.

The point urged was that, under the evidence submitted to the court, plaintiffs had neither alleged nor proved that they were the assignees of one George M. Hewlett and his wife, in so far as it affected the right of way over the property of this defendant. The point involves a certain right of way…