People ex rel. City of Niagara Falls v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, The City of Niagara Falls, from an order -of the Supreme Court, made at the Erie Special Term, bearing date the 7tli day of February, 1898, and entered in the office of the clerk of the county of Erie, denying its application for a peremptory writ of mandamus to compel the defendant to carry Tenth street in the city of Niagara Falls across the tracks of its railroad.
1Opinion of the Court
Hardin, P. J.:
On the 4th of May, 1897, the relator prepared a notice to the -defendant requiring it to cause the street to be taken across its tracks. That notice gave the defendants thirty days in which to comply with its requirements, and it was served on the defendant on the seventh of May. The street had not then been opened and worked, and was “in an impassable condition, and had not been -opened between the company’s tracks and Erie street up to the *33521 st day of June, 1897.” On the 7th of June, 1897, while the street was in the condition just mentioned, the common council of the city of…
2Cases cited1 opinion
- Lazarus v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1895
3Cited by3 opinions
- In re Village of WaverlyAppellate Division of the Supreme Court of the State of New York · 1898
- State ex rel. La Follette v. Chicago M. & St. P. Ry. Co.South Dakota Supreme Court · 1903
- Village of Waverly v. Waverly & S. L. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1898