Hewitt v. Town of Scipio

Judgment unanimously reversed on the law and facts, without • costs, and complaint dismissed. Memorandum: In 1956 plaintiff became the record owner of a strip of land 49.5 feet wide running west from the west side of Owaseo Lake to land owned by the Lehigh Valley Railroad. The warranty deed described the premises as “the fee to a three rod public highway leading from the Lehigh Valley Railroad Company’s land easterly to Owaseo Lake * # * subject however, to the rights of the public for so long as it .uses the same as a public highway”. The highway was laid out in 1875. Plaintiff contends that…