Town of Cortlandt v. . New York Central Railroad Company

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 24, 1916, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The sole question is whether the duty rests upon the town or the railroad company to repair the roadway of a bridge carrying a public high-, way called Croton Neck road across the main line tracks and yard of the defendant at Harmon, a station on the line of defendant’s railroad in the town of Cortlandt, between the stations of Ossining and Croton.