Legal Opinion
In re State Department of Public Works
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 1931PublishedCited by 1 opinion
1Opinion of the CourtWhitmyer, J.
The basis of the appeal is that the order is illegal and confiscatory and was arbitrarily and capriciously made, in that an adequate underpass has been in use at the place for many years and is in use.
The proceeding is under section 91 of the Railroad Law (as amd. by Laws of 1928, chap. 546).
The subject-matter of the section is “Alteration of existing crossing.” Under it, in cases where a highway or road crosses or is crossed by a steam surface railroad at grade, below grade or above grade, by structures heretofore constructed, or where a steam surface railroad crosses or is crossed by a…
2Cases cited4 opinions
- People Ex Rel. Town of Colesville v. Delaware & Hudson Co.New York Court of Appeals · 1904
- McAneny v. . N.Y.C.R.R. Co.New York Court of Appeals · 1924
- Danner v. New York & Harlem RailroadNew York Court of Appeals · 1914
- People ex rel. Town of Colesville v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- In re the Proceeding, under the Grade Crossing Elimination ActAppellate Division of the Supreme Court of the State of New York · 1938