Legal Opinion

Matter of N.Y.C.R.R. Co. v. Pub. Serv. Comm.

New York Court of Appeals

Decided February 26, 1935Published

1Opinion of the Court

The controversy concerns the validity of an order made by the Public Service Commission requiring petitioner to "station a flagman at the crossing at grade of its railroad and Kensico Avenue (or road) adjacent to the Valhalla station in the town of Mount Pleasant, Westchester County, who shall be on duty from 7:00 A.M. to 11:30 P.M. each day." On certiorari to the Appellate Division the order was confirmed.

Kensico avenue, so called, was originally a farm crossing provided for in a right of way deed to the New York and Harlem Railroad Company in 1845. With the passing years the section has…

2Cases cited6 opinions

  1. Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
  2. Lewis v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
  3. Matter of N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1910
  4. Peo. Ex Rel. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1899
  5. In Re State Commission of Highways for Change of Grade Crossings in the Town of RipleyNew York Court of Appeals · 1925

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