Legal Opinion

In re the Hearing on Motion of the Commission

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

Decided March 18, 1927PublishedCited by 10 opinions

1Opinion of the CourtLazansky, J.

The effect of the orders is to remove the grade crossings in question. The appeals involve the removal of the grade crossing at Bay street, Clifton, and also at Belair road, Hope avenue and Tompkins avenue, Fort Wadsworth. One other crossing was involved, to wit, Maple avenue, Chestnut avenue and St. Mary’s avenue. In connection with this, the report and opinion of the chief engineer of the Commission recommended that, “ In view of the relatively small and local vehicular traffic over these crossings, I am impressed by the argument made by the property owners. I recommend that this case be…

2Cases cited13 opinions

  1. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
  2. Manigault v. SpringsSupreme Court of the United States · 1905
  3. Union Dry Goods Co. v. Georgia Public Service Corp.Supreme Court of the United States · 1919
  4. Brooks-Scanlon Co. v. Railroad Comm'n of La.Supreme Court of the United States · 1920
  5. Erie Railroad v. Board of Public Utility CommissionersSupreme Court of the United States · 1921

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3Cited by10 opinions

  1. In re the Proceeding, under the Grade Crossing Elimination Act , for the Elimination of the Existing Highway-Railroad Crossing at Grade of the Railroad Operated by New York, Ontario and Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1935
  2. Lyford v. State of New YorkCourt of Appeals for the Second Circuit · 1944
  3. Miller v. StateAppellate Division of the Supreme Court of the State of New York · 2000
  4. Island Park, LLC v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2009
  5. In re New York, O. & W. Ry. Co.District Court, S.D. New York · 1943

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

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