City of Yonkers v. . N.Y.C. H.R.R.R. Co.

The judgment in this case was rendered upon an agreed statement of facts, pursuant to the provisions of section 1279 of the Code of Civil Procedure. The question to be determined is whether section 64 of the Railroad Law (Chap. 754 of the Laws of 1897) is applicable to the bridge over the defendant's tracks at Vark street, in the city of Yonkers, and is controlling upon the duties and obligations of the respective parties hereto in regard to that bridge. It appears that in the year 1850 the defendant acquired its roadway and constructed its railroad along and near the easterly bank of the…