City of Mount Vernon v. Feinberg

Proceeding in pursuance of article 78 of the Civil Practice Act to review a determination by the Public Service Commission. The general policy of the State on apportionment of maintenance costs of bridges carrying streets over railroads is stated in section 93 of the Railroad Law. The framework shall be maintained by the railroad; the roadway and approaches by the appropriate municipality. An exception is provided as to bridges “ constructed ” prior to July 1, 1897. As to those bridges, where the railroad had before then the obligation of maintenance of roadway, the obligation continues. A…