Boston & Maine Railroad v. Delaware & Hudson Co.

These are motions by each of the defendants to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action.

The complaint alleges: That in the year 1916, at the instance of the defendant the Delaware and Hudson Company, an action was tried in Supreme Court, Saratoga county, between the Mechanic-ville and Fort Edward Railroad Company, plaintiff, and the Fitch-burg Railroad Company and the Boston and Maine railroad, defendants, involving the title and right to possession of certain lands situated in Saratoga county now occupied by the main line…