City of Yonkers v. New York Central & Hudson River Railroad

Hatch, J. :

The defendant is a railroad corporation organized "and operating its railroad pursuant to the laws of the State, which are particularly set forth in the agreed statement of facts. After the construction of such railroad and while the same was in operation, the plaintiff, then known as the Village of Yonkers, regularly laid out and opened as a public highway Vark street in said village, running from Broadway westerly to a point west of the westerly line of the railway tracks and property of the defendant. The said street so laid out and established was about twenty feet above the…