Legal Opinion

In re the Boston & Albany Railroad

Appellate Division of the Supreme Court of the State of New York

Decided September 15, 1901PublishedCited by 13 opinions

Appeal by the Town of Kinderhook from an order made by the Board of Railroad Commissioners of the State of New York and entered in the office of the clerk of the county of Columbia on the 16th day of July, 1900, abolishing the grade crossing at Chatham street, in Niverville, in the town of Kinderhook, and determining that public safety requires that said grade crossing be abolished and all travel thereon be diverted to another highway or-crossing to be constructed and…

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Appeal by the Town of Kinderhook from an order made by the Board of Railroad Commissioners of the State of New York and entered in the office of the clerk of the county of Columbia on the 16th day of July, 1900, abolishing the grade crossing at Chatham street, in Niverville, in the town of Kinderhook, and determining that public safety requires that said grade crossing be abolished and all travel thereon be diverted to another highway or-crossing to be constructed and carried beneath said railroad. The proceeding was taken by petition of the Boston and Albany Railroad Company under section 62…

1Opinion of the Court

Chase, J.:

The Boston and Albany Railroad Company owns and operates a steam railroad, the¡ main line of which in the State of New York, passes through the town of Kinderhook, Columbia county. At or pear the Niverville station it is crossed at grade by á highway known as Chatham ¡street, and the crossing is made at an acute angle.. At this crossing there are five tracks, four of which belong to the Boston and Albany Railroad Company. The most westerly track is that of the Kinderhook and Hudson Railroad Company. Immediately adjoining that track are the two main tracks of the Boston and Albany…

2Cases cited8 opinions

  1. New York & New England Railroad v. BristolSupreme Court of the United States · 1894
  2. People Ex Rel. Steward v. Board of Railroad CommissionersNew York Court of Appeals · 1899
  3. People Ex Rel. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1898
  4. In re Amsterdam, J. & G. RailroadNew York Supreme Court · 1895
  5. In re Mayor of NorthamptonMassachusetts Supreme Judicial Court · 1893

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Munro v. . State of New YorkNew York Court of Appeals · 1918
  2. People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
  3. Lehigh Valley Railroad v. Canal BoardAppellate Division of the Supreme Court of the State of New York · 1911
  4. In re the Hearing on Motion of the CommissionAppellate Division of the Supreme Court of the State of New York · 1927
  5. Town of Polk v. Railroad CommissionWisconsin Supreme Court · 1913

8 more not listed; retrieve them via the Exa API.

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