Tamburo v. Murphy

Plaintiffs seek an injunction restraining defendant from using a right of way over their land and for damages. Plaintiffs are the owners of real property situate on a right of way known as McConnell Avenue, which extends easterly from Washington Street in the City of Auburn, a distance of 167.80 feet, and on an additional 12-foot right of way extending easterly therefrom a distance of 118.25 feet. Defendant is the owner of premises fronting 132 feet on Genesee Street and extending northerly therefrom to a point where a 10.78-foot strip of his land abuts the 12-foot right of way. The premises…