In re Incorporated Village of Hobart

Van Kirk, J. (dissenting):

The trustees of the village of Hobart, N. Y., have determined that a public street should be opened across the tracks of the Ulster and Delaware Eailroad Company No appeal was taken from this determination. The Public Service Commission has ordered that this crossing should be made at grade and the appeal is from this order.

Hobart is a village of about 600 people. The railroad runs substantially east and west through the village. There are already three grade crossings westerly, and within approximately 1,800 feet, of this proposed crossing, the nearest of which is…