New York, Susquehanna & Western Railroad v. Trimmer

The opinion of the court was delivered by

Beasley, Chiee Justice.

The single question to be decided in this case is, whether an action of ejectment will lie on the part of a railroad company for lands condemned by commissioners for its use by force of the provision for that *2purpose contained in the General Railroad act. This inquiry •seems to be one of first impression; it is certainly such so far as this court is concerned.

The objection to the present form of action is, that the railroad company, the plaintiff, has “ not title to the premises in question, but only an easement in them; ” and it…