Ward v. Erie R. Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Erie County. Application for mandamus by Eranps G. Ward, as Commissioner of Public Works of the City of Buffalo, against the Erie Railroad Company, to compel the repair of a viaduct carrying Chicago street over respondent’s right of way. From an order (149 N. Y. Supp. 717) denying the application, complainant appeals. Affirmed. Order affirmed 109 N. E.-.
1Per curiam
In view of the elaborate discussion of the questions involved in the action by Mr. Justice Woodward in his opinion delivered at Special Term, we deem it sufficient to state our conclusions as follows:
[1] 1. That the contract by which the burden of constructing and maintaining the viaduct carrying the street over the railroad tracks was apportioned between the railroads and the city was entered into pursuant to competent authority conferred by legislative enactment. People ex rel. Simon v. Bradley, 207 N. Y. 692, 101 N. E. 766.
[2] 2. Whatever doubt existed as to the validity of the maintenance…
2Cases cited2 opinions
- People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
- People Ex Rel. Martin v. . KenyonNew York Court of Appeals · 1913
3Cited by1 opinion
- Connersville Hydraulic Co. v. City of ConnersvilleIndiana Court of Appeals · 1930