Town Board v. Fitchburg Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by The Fitchburg Railroad Company from a decision of the Board of Railroad Commissioners of the State of Hew York in favor of the Town Board of Schaghticoke, rendered on the 24tli day of August, 1899, abolishing the grade crossing at Melrose, Rensselaer county, and determining that public safety requires that said crossing be abolished, and that said east or main highway shall be carried beneath the railroad.
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Appeal by The Fitchburg Railroad Company from a decision of the Board of Railroad Commissioners of the State of Hew York in favor of the Town Board of Schaghticoke, rendered on the 24tli day of August, 1899, abolishing the grade crossing at Melrose, Rensselaer county, and determining that public safety requires that said crossing be abolished, and that said east or main highway shall be carried beneath the railroad. The proceeding was taken under chapter 754 of the Laws of 1897, amending the Railroad Law (Laws of 1890, chap. 565) by adding section 62 thereto.
1Opinion of the Court
Smith, J.:
The appellant urges three objections to this decision : First, that the petition of the town board conferred no jurisdiction upon the Board of Railroad Commissioners to entertain the application, because by the petition it does not appear that the crossing is in the town of Schaghticoke. The petition is by the town hoard of Schaghticoke, Rensselaer county, asking that the main crossing of the Fitchburg road at Melrose, N. Y., be removed from grade and placed under the tracks. That Melrose is in the town of Schaghticoke was assumed at the hearing. The question of the sufficiency of…
2Cases cited4 opinions
- Central Railroad v. DeBraySupreme Court of Georgia · 1883
- In re Amsterdam, J. & G. RailroadNew York Supreme Court · 1895
- Indianapolis & Cincinnati Railroad v. CaseIndiana Supreme Court · 1860
- People v. SuppigerIllinois Supreme Court · 1882
3Cited by7 opinions
- Daughtrey v. CarpenterNew Mexico Supreme Court · 1970
- In re the Estate of TaftNew York Surrogate's Court · 1932
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919
- County Executive of Rensselaer v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 1993
- In re Laying Out of a Certain Town Highway in the Town of BallstonAppellate Division of the Supreme Court of the State of New York · 1937
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