In re the New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the Tillage, of White Plains from a determination and order of the Public Service Commission of the State of New York, second district, bearing date the 16th' day of September, 1909, and filed in the office of said Commission, directing the elimination of grade crossings of respondent’s' railroad in the village of White Plains,' except so much thereof as directs that public safety requires the elimination of the grade crossing of Bailroad avenue.
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Appeal by the Tillage, of White Plains from a determination and order of the Public Service Commission of the State of New York, second district, bearing date the 16th' day of September, 1909, and filed in the office of said Commission, directing the elimination of grade crossings of respondent’s' railroad in the village of White Plains,' except so much thereof as directs that public safety requires the elimination of the grade crossing of Bailroad avenue. It is conceded, first, that public safety requires the elimination of the grade crossings involved in this proceeding ; second, that it is…
1Opinion of the Court
Rich, J.:
The only question involved upon this appeal not considered in the Village of Ossining Case (136 App. Div. 760), decided herewith, requiring consideration here, is whether the Public Service Commission possesses the power and authority to change the existing route and grade of a railroad to any extent, as part of the process of eliminating dangerous grade crossings, in the interest of public safety, and to require the State and village respectively to pay their statutory proportion of the expense of so doing, for it appears that the village has not been required to contribute to the…
2Cases cited4 opinions
- Erie Railroad Co. v. . StewardNew York Court of Appeals · 1902
- Erie Railroad v. StewardAppellate Division of the Supreme Court of the State of New York · 1901
- In re the New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Village of Bolivar v. Pittsburg, Shawmut and Northern RailroadAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Danner v. New York & Harlem RailroadNew York Court of Appeals · 1914