In re the State Highway Commission
Appellate Division of the Supreme Court of the State of New York
Appeal by the Erie Railroad Company from an order of the Public Service Commission of the State of New York, made and filed in the office of said Commission on the 1st day of September, 1921, directing that a grade crossing be discontinued and an overhead crossing constructed, and also from an order of said Commission made and filed in the office of said Commission on the 27th day of October, 1921, denying appellant’s application for a rehearing in said matter.
1Opinion of the Court
Cochrane, P. J.:
Under section 91 of the Railroad Law the State Highway Commission petitioned the Public Service Commission for the elimination of a grade crossing at the intersection of the Erie railroad with an improved county highway in the town of Kirkwood, Broome county, N. Y. The railroad company consented to the elimination but the character of the overhead structure was the subject of debate before the Public Service Commission. There are three tracks at this crossing. The railroad company insisted on a structure which would permit the construction of an additional track upon its…
2Cases cited1 opinion
- Matter of N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1910
3Cited by2 opinions
- In Re State Commission of Highways for Change of Grade Crossings in the Town of RipleyNew York Court of Appeals · 1925
- In re the Proceeding, Under the Grade Crossing Elimination ActAppellate Division of the Supreme Court of the State of New York · 1931