Neuhaus v. Long Island Rail Road Co.

Appeal from a judgment of the Supreme Court, Suffolk County, dated October 16, 1967, which enjoined defendant from interfering with plaintiff’s access over a certain grade crossing. Judgment affirmed, with costs. In our opinion, any ambiguity in the deed prepared by defendant, which provides that it shall maintain a “road or farm crossing” over the railroad tracks, must be construed against it (Blackman v. Striker, 142 N. Y. 555, 560). Under the statute existing at the time of the execution of the deed (1869), the railroad was required to maintain a farm crossing even if the deed were silent…