Holly v. New York Central Rd.

The action below, instituted by William N. Holly and others, was for an injunction to require the defendant New York Central Railroad Company to remove certain obstructions in the way of fences from what is claimed to be a farm crossing on defendant’s lines, and upon the issues joined in the court below a judgment was entered in favor of plaintiffs, from which an appeal was perfected in this court.

The facts of importance here are as follows:

On December 19, 1851, Martin Sawyer conveyed, without any reservations, to the Cleveland, Painesville & Ashtabula Railroad Company, the predecessor in…