120 N.Y.S. 1093 | N.Y. App. Div. | 1910
Both the plaintiff a!nd the defendant railroad company claim ownership of a piece of land over which the latter permitted its codefendant to place poles and string wires and cables. The New
The evidence furnishes no foundation for the contention of a practical location of the stone wall as a boundary line; the case was not tried upon that theory, nor was such question raised or urged on the trial.
The judgment should be reversed and a new trial granted, costs to abide the event.
Hirschberg, P. J., Woodward, Burr and Thomas, JJ., concurred.
Judgment' reversed and new trial granted, costs to abide the event.