New York, Lackawanna & Western Railway Co. v. Erie Railroad
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made December 10, 1901, which'affirmed an order of Special Term modifying and as modified confirming the report of commissioners appointed in a proceeding to obtain a crossing of the defendant company’s railroad. The facts, so far as material, are stated in the opinion. The order of the Appellate Division directing the appointment of commissioners herein, and the order of
1Per curiam
The proceeding was instituted by petition of the respondent to obtain a crossing of the Erie Eailroad Company at Bath, in the state of New-York, for a proposed track of the petitioner, to connect its railroad with - the railroad of the Bath and Hammondsport Eailroad Company. The proceeding was opposed by the Erie Eailroad Company, which served with its answer to the petition preliminary-objections to the granting of the application based upon the provisions of the Eailroad Law. Appeals to this court by the Erie Eailroad Company, arising upon orders below, which determined favorably the right…
2Cases cited2 opinions
- In Re Whitmore v. . Vil. of TarrytownNew York Court of Appeals · 1893
- In the Matter of AndersonNew York Court of Appeals · 1875
3Cited by4 opinions
- Matter of HeinsheimerNew York Court of Appeals · 1915
- Duval County v. Charleston Engineering & Contracting Co.Supreme Court of Florida · 1931
- State v. KisselburgArizona Supreme Court · 1925
- Chipman v. CookSupreme Court of Arkansas · 1925