Fox v. Buffalo, Rochester & Pittsburg Railway Co.

This action is brought to restrain the defendant from filling up and discontinuing a farm crossing under the defendant’s railroad, constructed across the farm new owned by the plaintiffs.

The railroad in question was built, about the year 1878, by the Rochester and State Line Railroad Company. That company acquired its right of way across the farm in question by a deed from one Stillman and wife, which contained the following provision: “ The party of the second part is to erect and maintain (where necessary) fences, along the *622two outward lines of said strip of land of the height and strength…