New York Central Railroad v. Westchester Lighting Co.

— Judgment unanimously affirmed, with costs. The right of defendant to use Pondfield road, the fee of which is in plaintiff, was for highway or street purposes. (Eels v. American Telephone & Telegraph Co., 143 1ST. Y. 133; Palmer v. Larchmonl Electric Co., 158 id. 231; Osborne v. Auburn Telephone Co., 189 id. 393.) This right came to defendant from the State. When the State in the exercise of its police power closed the road for the benefit of the public (People ex rel. City of Geneva v. G., W., etc., Traction Co., 112 App. Div. 581; affd., 186 N. Y. 516; People ex rel. City of Olean v. W. N.…