Huxley v. Conway

For convenience, the defendant, board of railroad commissioners, and its constituent members, will be referred to as the board, and their co-defendant, as the railroad. The plaintiff will be spoken of as the town.

On June 28, 1935, on application of the railroad, resisted by the town, the defendant board made an order affecting a certain overhead crossing over Third avenue in the plaintiff town. Something is said in argument to the effect that Third avenue had not been legally established, and that the town itself had not been shown to have been legally incorporated. Since both of these…