Stillwater & Mechanicville Street Railway Co. v. Boston & Maine Railroad
Appellate Division of the Supreme Court of the State of New York
Motion by the Stillwater and Mechanicville Street Railway Company to dismiss an appeal taken by the Boston and Maine Railroad from a judgment appointing commissioners under section 12 of the Railroad Law.
1Opinion of the Court
Smith, J. :
By section 12 of the Railroad Law (Laws of 1890, chap. 565, as amd. by Laws of 1892, chap. 676) it is in substance provided that if two railroad corporations cannot agree upon the amount of compensation for making intersections and connections, or upon the grades or manner of such intersections and connections, “ the same shall be ascertained and determined by commissioners * , * * as is provided in the Condemnation Law.” There is in the Railroad Law no other provision for the procedure to determine such a controversy. By this provision the procedure, under the Condemnation Law,…
2Cases cited1 opinion
- Village of St. Johnsville v. SmithAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- In re DickensAppellate Division of the Supreme Court of the State of New York · 1929