This section contains the nature of the case and procedural background.

The act that was complained of was the removal by D, a railroad company, of two bridges that carried a highway over its tracks. D claimed in good faith that it owned the easements in question under a conveyance from the City of New York (D1). The cost of restoration of the bridges would largely exceed the value of the rights invaded. Over the exceptions of P, the trial court extinguished the easements of P and paid them money damages. P appealed; this result transcended the equity jurisdiction of the court.

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