Village of Bolivar v. Pittsburg, Shawmut & Northern Railroad
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2, 1903, which reversed an order of Special Term vacating a temporary injunction to restrain the defendants from building a certain railroad crossing at grade.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2, 1903, which reversed an order of Special Term vacating a temporary injunction to restrain the defendants from building a certain railroad crossing at grade. The following question was certified: “ Did the defendant, The Pittsburg, Shawmut and Northern Railroad Company, have the right to construct its railroad across Main Street, in the Village of Bolivar without first obtaining a determination under section sixty of the Railroad Law by the State Board of…
1Opinion of the Court
Order affirmed, with costs, and question certified answered in the negative, on opinion below.
Concur: O’Brien, Bartlett, Martin, Vann, Cullen and Werner, JJ.: Not voting : Parker, Ch. J.
2Cited by2 opinions
- Matter of Erie Railroad Co.New York Court of Appeals · 1913
- Neuhaus v. Long Island Rail Road Co.Appellate Division of the Supreme Court of the State of New York · 1968