City of New York v. New York, Westchester & Boston Railway Co.

The question presented is whether under the terms of a franchise from the city of New York to defendant’s predecessor, hereinafter called defendant, the latter is hable for the entire cost of the erection of an overhead structure at East One Hundred and Seventy-fourth street in the borough of Bronx, city of New York, the lines of which street are crossed by defendant’s railroad. This cost, in the sum of $334,460.07 and a total judgment in the sum of $472,897.04, has been charged against the defendant upon the theory that the structure in question constituted an approach to an overhead…